Krishnamohan v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.07.2023

CORAM

THE HON'BLE MR.JUSTICE P.DHANABAL and W.M.P.(MD)Nos.832, 833 & 834 of 2021 Krishnamohan ... Petitioner Vs.

1.The Tahsildar, Tiruchendur Taluk, Thoothukudi District.

2.The Secretary, Udangudi Vattara Congress Committee, Tiruchendur Taluk, Thoothukudi District.

3.The Inspector of Police, Kulasekarapattinam Police Station, Thoothukudi.

4.Sivasubramanian 5.Vetrivel ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to 1/6

call for the records relating to the impugned resolution of Peace Committee Meeting dated 29.12.2020 on the file of the first respondent and quash the same and further to direct the respondents not to interfere with the petitioner's peaceful possession and enjoyment of the premise in the land measuring 4 cents out of 19 cents in S.No.319/1 with a building bearing old Door No.79Band New door No.420 Udangudi village, Tuticorin.

For Petitioner : Mr.G.Prabhu Rajadurai For R1 to R3 : Mr.R.M.Anbunithi, Additional Public Prosecutor For R4 & R5 : No Appearance

ORDER

This Writ Petition has been filed to to call for the records relating to the impugned resolution of Peace Committee Meeting dated 29.12.2020 on the file of the first respondent and quash the same and further to direct the respondents not to interfere with the petitioner's peaceful possession and enjoyment of the premise in the land measuring 4 cents out of 19 cents in S.No.319/1 with a building bearing old Door No.79Band New door No.420 Udangudi village, Tuticorin. 2/6

2.Today, when the matter is taken up for hearing, the learned counsel appearing for the petitioner has represented that the petitioner in this case died. The learned counsel for the petitioner also admitted that the impugned order passed until the disposal of the rent control proceedings. Already, proceedings in RCA.No.11 of 2017 was dismissed. Since RCOP was disposed of, noting survives in this writ petition to pass further orders.

3.The learned Additional Public Prosecutor appearing for the official respondents also admitted that already there is civil dispute pending between the parties. In the peace committee meeting, the Tahsildar passed the orders, after hearing both parties. In the said order, it was clear that no one shall enter into the property till the disposal of the proceedings in RCA.No.11 of 2017. Now, the said RCA.No.11 of 2017 was dismissed. Hence, the order passed by the Tahsildar would come to end.

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4.In view of the above submissions made on either side and considering the fact that the main proceedings in RCA.No.11 of 2017 itself disposed and that the petitioner also died, nothing survives in this writ petition to pass further orders. Accordingly, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

31.07.2023 NCC :

Yes / No Index :

Yes / No Internet :

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To 1.The Tahsildar, Tiruchendur Taluk, Thoothukudi District.

2.The Secretary, Udangudi Vattara Congress Committee, Tiruchendur Taluk, Thoothukudi District.

3.The Inspector of Police, Kulasekarapattinam Police Station, Thoothukudi.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P. DHANABAL ,J.

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