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Madras High CourtWP/31595/2022disposed of

P. Kaliyaperumal v. The District Collector

2023-07-17Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.07.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU P.Kaliyaperumal .. Petitioner -vs1. The District Collector, Mayiladuthurai District.

2. The Revenue Divisional Officer, Sirkali, Mayiladuthurai District.

3. The Tahsildar, Sirkali, Mayiladuthurai District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 3rd respondent to remove the encroachment made in S.Nos.313/1 & 313/2, Manigramam Village, Sirkali Taluk, Mayiladuthurai District as per the orders of the 1st respondent made in Na.Ka.13084/2021/U4 dated 01.06.2022. For the Petitioner :

Mr.A.B.Rajasekaran For the Respondents :

Mrs.R.Anitha, Special Government Pleader, assisted by Mr.K.M.D.Muhilan, Additional Government Pleader * * * * *

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) We have heard Mr.A.B.Rajasekaran, learned counsel for the petitioner and Mrs.R.Anitha, learned Special Government Pleader, for the respondents.

2. On 07.07.2023, a statement was made by the learned Special Government Pleader that the encroachment is removed. The said statement was disputed by the learned counsel for the petitioner. It was submitted by the learned counsel for the petitioner that the encroachment still persists. He had also placed reliance on some photographs. The matter was kept today at the request of learned Special Government Pleader.

3. Today, the learned Special Government Pleader submits that part of the encroachment that was remaining to be removed has been removed on 11.07.2023. The said statement is made by the learned Special Government Pleader on the basis of the communication received from the Tahsildar, Sirkali. The communication further states that no future encroachment would be permitted in the Government

land.

In view of the said statement made by the learned Special Government Pleader and relying and accepting the said statement, the writ petition is disposed of. There will be no order as to costs. (S.V.G., CJ.) (P.D.A., J.) 17.07.2023 Index : yes/no : Yes/No sra To:

1. The District Collector, Mayiladuthurai District.

2. The Revenue Divisional Officer, Sirkali, Mayiladuthurai District.

3. The Tahsildar, Sirkali, Mayiladuthurai District.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(sra) 17.07.2023