Madras High CourtWP(MD)/3075/2023disposed of

Vai.Vellaichamy v. The District Collector

2023-02-15Honourable Mr Justice D. Krishnakumar,Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.02.2023

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Vellaichamy ... Petitioner vs.

1.The District Collector, Sivagangai District, Sivagangai.

2.The Revenue Divisional Officer, Sivagangai District, Sivagangai.

3.The Tahsildar, Kalayarkovil Taluk, Sivagangai District.

4.Pandiyan 5.Kannan ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to cancel the patta and remove the encroachment in respect of Survey No.447/5 made by the fourth and fifth respondents based on the petitioner's representation, dated 30.01.2023. 1/4

For Petitioner : Mr.N.Jeyaram Sidharth For RR 1 to 3 : Mr.P.Thilak Kumar Government Pleader

ORDER

(Order of the Court was made by D. KRISHNAKUMAR, J.) The prayer in this Writ Petition is seeking for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to cancel the patta and remove the encroachment in respect of the property comprised in Survey No.447/5 made by the fourth and fifth respondents, based on the petitioner's representation, dated 30.01.2023.

2. Today, when the matter is taken up for hearing, the learned Government Pleader appearing for the respondents 1 to 3 has produced the communication of the second respondent in Na.Ka.No.A3/6039/2022, dated 03.02.2023 and submitted that patta granted in favour of the respondents 4 and 5 has been cancelled.

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3. In view of the abovesaid submission, the first prayer sought for by the petitioner to cancel the patta in favour of the respondents 4 and 5 has become infructuous and insofar as the second prayer for removal of encroachment is concerned, liberty is granted to the petitioner to approach the authority concerned pursuant to the order passed by the Revenue Divisional Officer.

4. With the above liberty, this Writ Petition is disposed of. No costs.

[D.K.K.,J.] [L.V.G.,J.] 15.02.2023 NCC : Yes / No Index : Yes / No Internet : Yes ps To 1.The District Collector, Sivagangai District, Sivagangai.

2.The Revenue Divisional Officer, Sivagangai District, Sivagangai.

3.The Tahsildar, Kalayarkovil Taluk, Sivagangai District.

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D. KRISHNAKUMAR ,J.

and L.VICTORIA GOWRI,J.

ps ORDER MADE IN DATED : 15.02.2023 4/4