S.Kamalamma v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.11.2022 CORAM :

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR S.Kamalamma .. Petitioner Vs 1.The Tahsildar, Gummidipoondi Taluk, Tiruvallur District-601 201.

2.P.Deenadhayalan .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the first respondent to remove the encroachment in the Government poramboke land (Meikal Poramboke/Grazing Land) in Survey No.501 measuring an extent of 41 Ares in No.46, Sirupulalpettai Revenue Villge at Billakuppam Village, Gummidipoondi Taluk, Thiruvallur District, which has been encroached and fenced by the second respondent, blocking access to panchayat water tank and other patta lands including the land of the petitioner.

For the Petitioner : Mr.S.Suresh Babu For the Respondents : Mrs.R.Anitha Special Government Pleader for respondent No.1

ORDER

(Order of the court was made by the Hon'ble Acting Chief Justice) This writ petition has been filed by the petitioner for issuance of a writ of mandamus directing the first respondent to remove the encroachment made by the second respondent in the Government poramboke land in Survey No.501 measuring an extent of 41 Ares in No.46, Sirupulalpettai Revenue Village at Billakuppam Village, Gummidipoondi Taluk, thereby blocking access to panchayat water tank and other patta lands, including the land of the petitioner.

2. When the writ petition is taken up for hearing, learned Special Government appearing for the first respondent has filed a counter/status report with a copy to learned counsel for the petitioner and submitted that the encroachment has been removed and the land in question is now free from encroachment.

3. In paragraph 4 of the counter/status report dated 7.11.2022 filed by the Tahsildar, Gummidipoondi, it has been stated

as under:

"4. It is submitted that the Firka Revenue Inspector, Gummidipoondi and with subordinate revenue staff have evicted the above encroachment of the second respondent in Survey No.501 of the said village by removing the wire fencing on 05.11.2022. The land in issue is free from any encroachment at present."

4. Since the encroachment has been removed and the land in question is free from encroachment, nothing survives for consideration in this writ petition.

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

(T.R., ACJ.) (D.K.K., J.) 07.11.2022 Index : Yes/No bbr

To:

The Tahsildar, Gummidipoondi Taluk, Tiruvallur District-601 201.

T.RAJA, ACJ.

AND D.KRISHNAKUMAR,J.

bbr 07.11.2022