Madras High CourtWP(MD)/1694/2024dismissed

K.M.Naina Mohammed v. The Assistant Executive Engineer

2024-02-12Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi5 pages

1 W.P.(MD)NO.1694 OF 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.02.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.1694 of 2024 AND W.M.P.(MD)No.1726 of 2024 K.M.Naina Mohammed ... Petitioner Vs.

1. The Assistant Executive Engineer, Public Works Department(WRO), Kallanai Kalvai, Nagudi Division, Aranthangi Taluk, Pudukkottai District.

2. The Tahsildar, Taluk Office, Aranthangi Taluk, Pudukkottai District.

3. The Revenue Inspector, Athani Revenue Circle, Aranthangi Taluk, Pudukkottai District.

4. Balasubramani ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to stop the survey proceedings in SF.No.207/7 situated at Eaganivayal Village, Aranthangi Taluk, Pudukkottai District till the completion of harvest in respect of the petitioner's property in SF.No.207/6 and direct the 1st 1/4

2 W.P.(MD)NO.1694 OF 2024 respondent to follow the procedure contemplated under the provisions of Tamil Nadu Protection of Tank and Eviction Act and Rules of 2007 during the survey in SF No.207/7 and not to disturb the petitioner's possession and enjoyment of the aforesaid property without following the due process of law.

For Petitioner : Mr.A.Aruljenifer, for M/s.KBS Law Office.

For R-1 to R-3 : Mr.K.Balasubramani, Special Government Pleader.

* * *

O R D E R

When the matter was taken up for hearing, the learned Special Government Pleader submitted that the writ petition has become infructuous and that therefore, nothing survives for further adjudication. This writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

(G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 12th February 2024 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU 2/4

3 W.P.(MD)NO.1694 OF 2024 To:

1. The Assistant Executive Engineer, Public Works Department(WRO), Kallanai Kalvai, Nagudi Division, Aranthangi Taluk, Pudukkottai District.

2. The Tahsildar, Taluk Office, Aranthangi Taluk, Pudukkottai District.

3. The Revenue Inspector, Athani Revenue Circle, Aranthangi Taluk, Pudukkottai District.

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4 W.P.(MD)NO.1694 OF 2024 G.R.SWAMINATHAN, J.

AND B.PUGALENDHI, J.

PMU W.P.(MD)No.1694 of 2024 12.02.2024 4/4

5 W.P.(MD)NO.1694 OF 2024 5/4