Madras High CourtWP/32294/2022dismissed as infructuous

G.Sethumani v. The District Collector

2022-12-02Honourable The Acting Chief Justice,Honourable Mr Justice D. Krishnakumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.12.2022 CORAM :

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR 1.G.Sethumani 2.R.Arulselvi 3.M.Noorjahan .. Petitioners vs 1.The District Collector, O/o. District Collector, 2.The Tahsildar, Virudhachalam Taluk, Cuddalore.

3.The Commissioner, Virudhachalam Municipality, Virudhachalam, 4.The Revenue Divisional Officer, Virudhachalam Taluk,

5.The District Revenue Officer, Cuddalore, .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus forbearing the respondents, their agents, representatives from in any manner disturbing/interfering with the petitioners peaceful possession and enjoyment of the land comprised in Survey No.204/1 (R.S.No.117/3) situated at Cuddalore Road, Virudhachalam Town and Taluk, Cuddalore District till the final disposal of the appeal dated 04.8.2022 before the first respondent.

For the Petitioners : Mr.R.Ragavendran For the Respondents : Mr.P.Muthukumar State Government Pleader

ORDER

(Order of the court was made by the Hon'ble Acting Chief Justice) W.M.P.No.31692 of 2022 filed to permit the petitioners to file the writ petition jointly is allowed, subject to payment of separate sets of court-fee by the petitioners within two weeks from the date of receipt of a copy of this order. In default of compliance, the order passed in the writ petition shall be applicable only to the first

petitioner.

2. The writ petition has been filed by the petitioners seeking issuance of a writ of mandamus forbearing the respondents, their agents, representatives from in any manner disturbing/interfering with the petitioners' peaceful possession and enjoyment of the land comprised in Survey No.204/1 (R.S.No.117/3) situated at Cuddalore Road, Virudhachalam Town and Taluk, Cuddalore District till the final disposal of the appeal dated 4.8.2022 filed before the first respondent.

3. Today when matter is taken up for hearing, learned counsel appearing for the petitioners submitted that the prayer made in the writ petition has rendered infructuous, as the encroachments have been removed by the respondent authorities.

4. In view of the above, the writ petition is dismissed as infructuous. There will be no order as to costs. Consequently, W.M.P.No.31695 of 2022 is closed.

(T.R., ACJ.) (D.K.K., J.)

02.12.2022 Index : Yes/No bbr

To:

1.The District Collector, O/o. District Collector, 2.The Tahsildar, Virudhachalam Taluk, Cuddalore.

3.The Commissioner, Virudhachalam Municipality, Virudhachalam, 4.The Revenue Divisional Officer, Virudhachalam Taluk, 5.The District Revenue Officer, Cuddalore,

T.RAJA, ACJ.

AND D.KRISHNAKUMAR,J.

bbr 02.12.2022