Malayammal v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.11.2022

CORAM

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR Malayammal ...

Petitioner versus 1.The District Collector, Namakkal District Namakkal.

2.The Tahsildar Mohanur Taluk, Mohanur, Namakkal District.

3.The Block Development Officer Mohanur, Namakkal District.

4.The President, Odapalayam Panchayat Mohanur Taluk, Namakkal District.

5.Thangavel ...

Respondents Prayer: Writ Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondents 1 to 4 herein to remove the encroachments made by the 5th respondent herein in S.F.No.96 situate at Odapalayam, Komaripalayam Village, Mohanur Taluk, Namakkal District within a stipulated period.

For the Petitioner :: Ms.J.T.Ajitha for Mr.K.Govi Ganesan For the Respondents :: Mr.P.Muthukumar, State Government Pleader, for respondents 1 to 3

ORDER

(Made by the Hon'ble Acting Chief Justice) This writ petition has been filed for issuance of Writ of Mandamus directing respondents 1 to 4 to remove the encroachments made by the fifth respondent herein in S.F.No.96 situate at Odapalayam, Komaripalayam Village, Mohanur Taluk, Namakkal District.

2. A detailed status report has been filed by the Block Development Officer, Mohanur, Namakkal District. The relevant portion reads as under:

"5.It is humbly submitted that the 5th respondent came forward and agreed to remove the encroachment made by him in S.F.No.96 in Odapalayam Village, Komaripalayam Panchayat, Mohanur Taluk, at his own cost and the same was removed by the 5th respondent on 20-10-2022."

3. Since it is specifically mentioned in the status report that fifth respondent has removed the encroachment at his own cost, nothing survives for adjudication in the writ petition.

4. The learned counsel for the petitioner also acknowledged the fact that the encroachment has been removed by the fifth respondent.

5. Recording the above statement, the writ petition is closed. There will be no order as to costs.

(T.R., ACJ.) (D.K.K., J.) 02.11.2022 Index: Yes/No tar To 1.The District Collector Namakkal District Namakkal.

2.The Tahsildar Mohanur Taluk, Namakkal District.

3.The Block Development Officer Mohanur, Namakkal District.

4.The President,

Odapalayam Panchayat Mohanur Taluk, Namakkal District.

T.RAJA, ACJ, and D.KRISHNAKUMAR, J.

(tar) 02.11.2022