Gnanasekar v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.01.2025
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE K.RAJASEKAR Gnanasekar S/o.Late Nadaraj ... Petitioner Vs.
1.
The District Collector Erode Erode District.
2.
The Revenue Divisional Officer Gobichettipalayam Erode District.
3.
The Tahsildhar Sathyamangalam Erode District.
4.
S.K.Kumar S/o.Kaliannan 5.
Murthy S/o.Kumarasamy 6.
Chidambaram Page Nos.1/20
S/o.Rama Samy 7.
Rasu @ Muthusamy S/o.Rama Samy 8.
Vennila W/o.Muthusamy 9.
Buvaneswari W/o.Chidambaram 10.
Pavalakodi W/o.Komarasamy 11.
Santhi W/o.Murthy ... Respondents Prayer :
Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 3 to remove the encroachments in Old Survey Numbers 63, 64, 65 and 66 corresponding to New Survey Numbers 23, 21 and 20 respectively of B.Varathampalayam Ward, Sathyamangalam Town, Sathyamangalam Taluk, Erode District by considering the representation dated 27.08.2024. For Petitioner :
Mr.R.Agilesh For Respondents :
Mr.T.K.Saravanan Government Advocate for R1 to R3 Page Nos.2/20
O R D E R
[Order of the Court was made by M.SUNDAR, J.,] This order will now dispose of the captioned main 'Writ Petition' {'WP'}.
2. This order has to be read in conjunction with and in continuation of earlier proceedings made in the previous listing on 17.12.2024 which reads as follows:
'W.P. No.35053 of 2024 M. SUNDAR, J.
and K. RAJASEKAR, J.
Read this in conjunction with and in continuation of earlier proceedings made in the previous listings on 26.11.2024 and 03.12.2024 which read as follows: Proceedings dated 26.11.2024:
'W.P.No.35053 of 2024 M.SUNDAR, J., and K.RAJASEKAR, J., [Order of the Court was made by M.SUNDAR. J.,] Captioned 'Writ Petition' {hereinafter 'WP' for the sake of brevity} pertains to removal of alleged encroachment. Page Nos.3/20
2. Issue notice to official respondents.
3. Mr.T.K.Saravanan, learned Government Advocate accepts notice for official respondents i.e., R1 to R3 and submits that encroachment have since been removed pursuant to orders of this Court but learned counsel for writ petitioner enters upon contestation and says that it is a different matter.
4. Let learned State Counsel get instructions. List day-after-tomorrow in the Admission Board i.e., Motion List on 28.11.2024.'
Proceedings dated 03.12.2024:
'W.P.No.35053 of 2024 M.SUNDAR, J., and K.RAJASEKAR, J., [Order of the Court was made by M.SUNDAR. J.,] In continuation of earlier proceedings dated 26.11.2024, learned State Counsel requests for a short accommodation to file a 'ATR' {'Action Taken Report'} and status report. Request acceded to.
List a fortnight hence. List on 17.12.2024.' 2.
Adverting to the aforereferred two proceedings, learned State counsel requests for further time to file Action Taken Report (ATR) and status report. Request acceded to. 3.
List under the same cause list caption in the Admission Board i.e., Motion List, three weeks hence. 4.
List on 07.01.2025.'
3. Today, learned State Counsel has placed before us an ATR in the Page Nos.4/20
form of counter affidavit dated 16.12.2024 (to be noted, learned counsel for writ petitioner has been favoured with a copy of ATR) and a scanned reproduction of the same is as follows:
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4. We find that paragraph Nos.14 and 15 of ATR dated 16.12.2024 are of utmost relevance as the same talk about what happened after removal of encroachment. This being the second round of litigation (earlier one having gone into contempt petition) we deem it appropriate to record the aforementioned ATR and close the captioned WP. Captioned main WP disposed of in the aforesaid manner. There shall be no order as to costs.
(M.S.,J.) (K.R.S.,J.) 07.01.2025 Index : Yes / No Speaking order / Non-speaking order mk To 1.
The District Collector Erode, Erode District.
2.
The Revenue Divisional Officer Gobichettipalayam Erode District.
3.
The Tahsildhar Sathyamangalam Erode District.
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M.SUNDAR, J., and K.RAJASEKAR, J., mk 07.01.2025 Page Nos.20/20