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Madras High CourtWP(MD)/2259/2022dismissed

Arulselvi v. The District Collector

2022-02-04Honourable Mr Justice C.V. Karthikeyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.02.2022

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN Arulselvi ... Petitioner Vs.

1.The District Collector, Sivagangai, 2.The Director of Planning (Village Panchayat), The Director Office of Planning, District Collector Campus, Sivagangai, 3.The Tahsildar, Karaikudi Taluk, 4.The Block Development Officer, Block Development Office, Kallal, Sivagangai District.

5.The Head Deputy Block Development Officer (General), Block Development Office, Kallal, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, by directing the respondents herein to expedite the proceedings in Na.Ka.No.A2/2479/2020 dated 11.11.2021 issued by the fourth and fifth respondents in order to demolish the damaged overhead tank and electricity motor room situated in the petitioner's property in Survey No.257/29 in Patta No.766 in the light of the petitioner's representation dated 15.10.2021 and 13.12.2021 respectively within the prescribed time that may be fixed by this Court. For Petitioner : Mr.S.Muthukumar For R-1 to R-3 : Mr.S.Kameswaran Government Advocate.

For R-4 and R-5 : Ms.S.Jaya Priya Government Advocate.

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ORDER

Heard Mr.S.Muthukumar, learned counsel for the petitioner and Mr.S.Kameswaran, learned Government Advocate who takes notice for respondents 1 to 3 and Ms.S.Jaya Priya, learned Government Advocate, who takes notice for respondents 4 and 5.

2. I am not able to comprehend why this Writ Petition has been filed at all. The fourth and fifth respondents had issued notice to the petitioner that they intend to demolish the damaged overhead tank and electricity motor room situated in the property of the petitioner in Survey No.257/29 in Patta No.766. The petitioner had given a representation in this regard, requesting the same.

3. It is therefore seen both the petitioner and the fourth and fifth respondents had decided to demolish the aforementioned overhead tank and the room where the electricity motor is kept. In view of that particular fact no direction is required by this Court to the respondents to demolish the same.

4. Accordingly, this Writ Petition is dismissed. There shall be no order as to costs.

Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) Nsr 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 District Collector, Sivagangai, 2.The Director of Planning (Village Panchayat), The Director Office of Planning, District Collector Campus, Sivagangai, 2/3

3.The Tahsildar, Karaikudi Taluk, 4.The Block Development Officer, Block Development Office, Kallal, Sivagangai District.

5.The Head Deputy Block Development Officer (General), Block Development Office, Kallal, +1 CC to M/s.SPL.GP ( SR-4527[F] dated 07/02/2022 ) 04.02.2022 SS/24.02.2022 : 3P/7C 3/3