M.Durairaj v. The Assistant Regional

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.10.2023

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN and M.P.(MD).No.1 of 2013 M.Durairaj .. Petitioner Vs.

1.The Assistant Regional Engineer, Highways, Sivagangai District.

2.The Inspector of Police, Kalayarkoil Police Station, Sivagangai District.

3.The Muthawalli, Muslim Jamath Palli Vasal, Maravamangalam, Sivagangai.

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Certiorari, calling for the records relating to the proceedings in F.No.454/2013/,eptnjhm dated 12.12.2013 on the file of the 1st respondent and quash the same.

For Petitioner : Mr.G.Prabhu Rajadurai For R-1 & R-2 : Mr.N.Satheesh Kumar Additional Government Pleader For R-3 : Mr.Mohamed Rafi for M/s.Ajmal Associates

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM,J.) The order passed by the first respondent in proceedings dated 12.12.2013 for removal of encroachment is under challenge in the present Writ Petition.

2. The learned Additional Government Pleader appearing for the first and second respondents made a submission that the encroachments were already removed in respect of the Highways land in 173/4 to 174/6 KM. Thus, the cause of action did not exist as of now.

3. Hence, the Writ Petition becomes infructuous and stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition stands closed.

(S.M.S.,J.) (V.L.N.,J.) 30.10.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm To 1.The Assistant Regional Engineer, Highways, Sivagangai District.

2.The Inspector of Police, Kalayarkoil Police Station, Sivagangai District.

S.M.SUBRAMANIAM,J.

and V.LAKSHMINARAYANAN,J.

Lm 30.10.2023