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Madras High CourtWP/15698/2013dismissed as abated

K.Veeran, v. The Secretary To Government,

2015-07-28Honourable The Chief Justice,Honourable Mr Justice T. S. Sivagnanam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.07.2015

CORAM

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE T.S.SIVAGNANAM W.P.No.15698 of 2013 and M.P.Nos.1 and 2 of 2013 K.Veeran .. Petitioner -vs1.The Secretary to Government, Revenue Department, Fort St. George, Chennai-600 009.

2.The Collector, Coimbatore District, Coimbatore-641 001.

3.The Revenue Divisional Officer, Coimbatore District, Coimbatore-641 001.

4.The Tahsildar, Palladam Taluk, Palladam, Coimbatore District-641 664.

5.The Tahsildar, Sulur Taluk, Sulur, Coimbatore District.

6.D.K.Karthikeyan 7.Santhamani 8.Masilamani 9.Santha 10.Suseela 11.Malliga w/o.Duraisamy 12.Ramu 13.Malliga w/o.Rajan 14.Valli 15.Pappal

16.Rajeshwari .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus calling for the records relating to the impugned order passed by the 2nd respondent in Na.Ka.18257/2012/Aa2 dated 29.03.2013 and quash the same and direct the respondents 2 to 5 to remove the encroachments of the respondents 6 to 16 at Odai and Mandhai situated at Selakarichal village, Sithanayakkanpalayam, Sulur Taluk, Coimbatore District so enable the rain water freely moves to the big pond as per the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007. For Petitioner : Mr.S.Kumara Devan For Respondents : Mr.V.R.Kamalanathan Addl. Govt. Pleader for R1 to R5 No Appearance - R6 to R16

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) In an order passed on 27.07.2015 in W.P.No.14414 of 2015 (K.Ramachandran v. The Secretary to Government, Revenue Department, Fort St. George, Chennai and others) disposing of the petition, it was pointed out the present writ petition was still pending, though the petitioner has already died on 19.12.2013.

2. The present writ petition, thus, having abated as the legal heirs of the petitioner were not brought on record, though the order dated 29.03.2013 itself stands quashed in the aforesaid writ petition.

3. The writ petition, accordingly, stands disposed of. No costs. Consequently, M.P.Nos.1 and 2 of 2013 are closed. -Sd/- Assistant Registrar //True copy// Sub Assistant Registrar

To 1.The Secretary to Government, Revenue Department, Fort St. George, Chennai-600 009.

2.The Collector, Coimbatore District, Coimbatore-641 001.

3.The Revenue Divisional Officer, Coimbatore District, Coimbatore-641 001.

4.The Tahsildar, Palladam Taluk, Palladam, Coimbatore District-641 664.

5.The Tahsildar, Sulur Taluk, Sulur, Coimbatore District.

+1 cc to Mr.S.Kumaradevan,Advocate (SR.38497) +1 cc to Government Pleader,Advocate(SR.38622) W.P.No.15698 of 2013