Madras High CourtWP(MD)/14017/2010closed

Visalakshi, v. The Revenue Divisional Officer

2023-08-03Honourable Mr Justice S.S. Sundar,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR and THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Visalakshi : Petitioner -vs1.The Revenue Divisional Officer, Devakottai.

2.The Tahsildar, Devakottai, Sivagangai District.

3.Siva 4.Rajakalai : Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, to direct the second respondent to implement the order of the first respondent in his proceedings in Na.Ka.No.A/5741/2010, dated 19.05.2010.

For Petitioner :

Mr.J.Anandkumar For R1 & R2 :

Mr.D.Sachikumar Additional Government Pleader For R3 & R4 : No Appearance

O R D E R

[Order of the Court was made by S.S.SUNDAR, J.] This Writ Petition is filed for issuance of a Writ of Mandamus directing the second respondent to implement the order of the first respondent in his proceedings in Na.Ka.No.A/5741/2010, dated 19.05.2010.

2. From the proceedings, dated 19.05.2010, it is seen that the Revenue Divisional Officer has directed the removal of encroachment in Oorani poramboke. The Revenue Divisional Officer has also filed a counter affidavit indicating that the encroachment was removed However, the encroacher filed a writ petition earlier before this Court in W.P.(MD)No.6249 of 2010. Since a civil suit filed by the encroacher in O.S.No.15 of 2010 was pending, this Court has directed the respondents to act depending upon the outcome of the civil suit in O.S.No.15 of 2010. In the said circumstances, the impugned order of eviction has been ordered to be kept in abeyance till the disposal of the civil suit. Since the representation of the petitioner has been acted upon and the second respondent has implemented the direction of the first respondent/Revenue Divisional Officer, this Court feels

that it is unnecessary to keep the writ petition pending. As it was indicated earlier, the respondents shall act depending upon the outcome of the civil suit.

3. With the above observations, the Writ Petition stands closed. No costs.

[S.S.S.R., J.] [D.B.C., J.] 03.08.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No sji To 1.The Revenue Divisional Officer, Devakottai.

2.The Tahsildar, Devakottai, Sivagangai District.

S.S.SUNDAR , J.

and D.BHARATHA CHAKRAVARTHY , J.

sji 03.08.2023