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Madras High CourtWP/33268/2022dismissed

Manickam v. The Collector

2022-12-14Honourable Mr Justice R. Suresh Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.12.2022 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Writ Petition No.33268 of 2022 1.Manickam 2.Gokilakumari ....

Petitioners -Vs1.The Collector Office of the Collectorate Salem - 636 001.

2.The Assistant Directorate of Survey Tharapuram, Salem District.

3.The Revenue Divisional Officer Bhavani Main Road, Mettur Dam Mettur, Salem - 636 455.

4.The Thasildar No.5, Omalur Main Road Omalur, Salem - 636 455.

5.Nagima Begum 6.A.Umamaheswari 7.Shanti Priyadarshini 8.Hariharaprasad ....

Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the fourth respondent to complete 1 / 4

the enquiry pending before him by giving fair opportunity to us by providing all the relevant papers pursuant to the summon issued on 25.07.2022 within a time frame fixed by this Hon'ble Court.

For Petitioner : Mr.R.Sreedhar For Respondents : Mr.Yogesh Kannadasan Special Government Pleader - for RR 1 to 4 Ms.Renuka Devi - for RR 5 to 8

O R D E R

The prayer sought for herein is for a Writ of Mandamus directing the fourth respondent to complete the enquiry pending before him by giving fair opportunity to us by providing all the relevant papers pursuant to the summon issued on 25.07.2022 within a time frame fixed by this Hon'ble Court.

2. In respect of the land in S.No.339/14 in Omalur Village and Taluk, Salem District, an enquiry was conducted, which was directed to be concluded within 8 weeks period as per the earlier order passed by this Court in W.P.No.328 of 2022 dated 11.01.2022.

3. Pursuant to the said order, the Tahsildar concerned issued summons to the petitioners on 25.07.2022, pursuant to which, according to the petitioners, they appeared and enquiry was over and orders have to be passed. Since no orders have been passed so far, the petitioner has filed the present writ petition with the aforesaid prayer.

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4. Today when the case is taken up for hearing, Mr.Yogesh Kannadasan learned Special Government Pleader appearing for the official respondents would submit that, the enquiry was completed and orders were passed on 26.10.2022 and a copy of the order also has been dispatched to the respective parties. He has produced a copy of the order dated 26.10.2022 passed by the 4th respondent.

5. Learned counsel for the petitioners, on instructions would submit that, now they have received a copy of the order dated 26.10.2022. However, since the order has gone against the interest of the petitioners, they want to challenge the same in the manner known to law.

6. Recording the said submission made by both sides, since the prayer sought for in the writ petition is accomplished, no further orders are required to be passed in this writ petition. The writ petition is dismissed with the aforesaid liberty. No costs.

14.12.2022 Index : Yes/No Internet : Yes/No KST 3 / 4

R. SURESH KUMAR, J.

KST To 1.The Collector Office of the Collectorate Salem - 636 001.

2.The Assistant Directorate of Survey Tharapuram, Salem District.

3.The Revenue Divisional Officer Bhavani Main Road, Mettur Dam Mettur, Salem - 636 455.

4.The Thasildar No.5, Omalur Main Road Omalur, Salem - 636 455.

W.P.No. 33268 of 2022 14.12.2022 4 / 4