V.Sonaiyan v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR V.Sonaiyan : Petitioner vs.

1.The Revenue Divisional Officer, Melur Sub-Division, 2.The Tahsildar, Melur Taluk, 3.The Block Development Officer, Kottampatti Panchayat Union, 4.The Executive Officer, Karunkalagudi Village Panchayat, 5.C.Indira : Respondents (R5-imleaded as per the order of this Court, dated 23.03.2021 made in W.M.P(MD)No.10121/2020 in W.P(MD)No.2443/2020) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the third and fourth respondents to implement the order passed by the second respondent vide his proceeding in e.f.vz;.4737/2018/M4, dated 22.10.2018, towards securing the removal of encroachments in Survey Nos.33/1A1 and 33/1A2, Karunkalakudi Village, Melur Taluk, Madurai District, within the time stipulation as prescribed by this Court. For Petitioner :

Mr.Dilip Pandian for Mr.R.Anand For Respondents : Mr.P.Thilak Kumar 1 to 4 Government Pleader For Respondent-5 : Mr.S.Sethupathy 1/3

O R D E R

************* [Order of the Court was made by M.DURAISWAMY.,J.] When the Writ Petition is taken up for hearing today, Mr.Dilip Pandian, learned Counsel appearing for the petitioner as well as Mr.P.Thilak Kumar, learned Government Pleader appearing for the respondents 1 to 4 submitted that the third respondent had already removed the encroachment on 29.10.2021.

2.R.Balachandran, Block Development Officer, Kottampatti Panchayat Union, who is also present in the Court, submitted that he had removed the encroachment on 29.10.2021. 3.In view of the submissions made by the learned Counsel appearing on either side, nothing survives for adjudication in the Writ Petition. Accordingly, the Writ Petition stands closed. No costs.

4.Mr.S.Sethupathy, learned Counsel appearing for the fifth respondent submitted that the fifth respondent has already filed an appeal before the appellate authority and a direction may be given to the appellate authority to dispose of the appeal expeditiously. 5.In view of the submission made by the learned Counsel appearing for the fifth respondent, we direct the appellate authority to dispose of the appeal as expeditiously as possible. Sd/- Assistant Registrar (T&P) // True Copy // / /2021 Sub Assistant Registrar(CS) vsn/lr Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The Revenue Divisional Officer, Melur Sub-Division, 2/3

2.The Tahsildar, Melur Taluk, 3.The Block Development Officer, Kottampatti Panchayat Union, 4.The Executive Officer, Karunkalagudi Village Panchayat, +1 CC to M/s.SPL.GP (SR-33528[F] dated 02/11/2021) 0RDER MADE IN 01.11.2021 SS(CO) GC/NS(22.11.2021) 3P 6C 3/3