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Madras High CourtWP/27931/2018disposed of

Avurikollaimedu Srinivasa Perumal Koil Trust v. The Additional Chief Secretary

2018-10-29Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice R. Subramanian3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.10.2018

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN W.P.No.27931 of 2018 and WMP No.32496 and 32497 of 2018 Avurikollaimedu Srinivasa Perumal Koil Trust Rep. by its Founder/President N.Gunasekaran No.48, Kannayiram Street, Chinnasekkadu, Manali, Chennai - 600 068.

...Petitioner

-vs1.The Additional Chief Secretary/ Commissioner of Land Administration Chepauk, Chennai - 600 005.

2.The District Collector, Thiruvallur.

3.The Assistant Director, Survey Land Records, Thiruvallur.

4.The Tahsildar, Thiruvottiyur Taluk, Chennai - 600 019.

5.E.Arumugam 6.S.Ravi 7.S.Kothandan .... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the first respondent in his proceedings R.O.C.No.T1/5697/2018 dated 15.03.2018 and quash the same and consequently direct the respondents 1 to 4 to remove the

encroachment made by the respondents 5 to 7 in S.Nos.1/11 and 1/17 Chinnasekkadu Village, Thiruvottriyur Taluk, Thiruvallur District.

For Petitioner :

Mr.C.Prakasam For Respondents :

Mr.J.Pothiraj Special Govt.Pleader for R1 to R4

O R D E R

[Order of the Court was delivered by K.K.SASIDHARAN,J.] The petitioner challenges the interim order dated 15 March 2018 on the file of the Commissioner of Land Administration, Chepauk, whereby and where under, interim stay was granted staying the operation of the order passed by the District Collector, Thiruvallur.

2. When the writ petition is taken up for hearing, the learned Special Government Pleader produced a copy of the order dated 7 May 2018 on the file of the Land Commissioner dismissing the very appeal filed by the 5th respondent.

3. In view of the subsequent events relating to the dismissal of the appeal filed by the 5th respondent, nothing survives for adjudication in the present writ petition. It is open to the petitioner and the 5th respondent to take appropriate proceedings, in case, they are so advised.

4. The writ petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar svki To 1.The Additional Chief Secretary/ Commissioner of Land Administration Chepauk, Chennai - 600 005.

2.The District Collector, Thiruvallur.

3.The Assistant Director, Survey Land Records, Thiruvallur.

4.The Tahsildar, Thiruvottiyur Taluk, Chennai - 600 019.

+1cc to Mr.C.Prakasam, Advocate, S.R.No.74207 +1cc to the Government Pleader, S.R.No.74350 W.P.No.27931 of 2018 GSP(13/11/2018)