P.Easwaran, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.06.2019

CORAM:

THE HON'BLE Mr. JUSTICE K.RAVICHANDRABAABU and THE HON'BLE Mr. JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.(MD)No.13162 of 2019 and W.M.P.(MD)No.9803 of 2019 P.Easwaran ... Petitioner Vs.

1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Revenue Divisional Officer, Rajapalayam, Virudhunagar District.

3.The Tahsildar, Rajapalayam, Virudhunagar District.

... Respondents PRAYER: The Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents from taking steps for demolition of petitioner's house situated in Survey No.413/22 at Sundararajapuram Village, Seithur Subdivision, Rajapalayam Taluk, Virudhunagar District.

For Petitioner : Mr.K.Sivabalan For Respondents : Mr.V.R.Shanmuganathan, Spl.G.P.

ORDER

(Order of the Court was made by K.RAVICHANDRABAABU,J.) Mr.V.R.Shanmuganathan, Special Government Pleader takes notice for the respondents. By consent, the main Writ petition itself is taken up for final disposal at the admission stage. 2.Though this Writ petition is filed for Mandamus, forbearing the respondents from taking steps to demolish the petitioner's house situated in Survey No.413/22 at Sundararajapuram Village, Seithur Subdivision, Rajapalayam Taluk, Virudhunagar District, when the matter is taken up for hearing for admission, the learned counsel for the petitioner submitted that the house was demolished this morning and therefore, the petitioner's request for grant of patta made through representation dated 23.08.2018 may be directed to be considered by the third respondent.

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3.Since the prayer sought for in this Writ petition is to prevent the respondents from demolishing the house of the petitioner and when it is stated that the house is already demolished, we find nothing survives in this Writ petition to be adjudicated upon further on merits. However, as the petitioner seeks for disposal of his representation dated 23.08.2018, seeking grant of patta, it is for the third respondent to consider the same and pass orders on the same on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order as this Court is not expressing any view on the merits of the claim made by the petitioner for seeking such patta. Accordingly, this Writ petition is disposed of. No costs. Consequently, connected W.M.P.is closed. Sd/- Assistant Registrar (A.E) // True Copy // Sub Assistant Registrar(CS ) To 1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Revenue Divisional Officer, Rajapalayam, Virudhunagar District.

3.The Tahsildar, Rajapalayam, Virudhunagar District.

+1 CC to SPL GP SR-68476.

+1 CC to Mr.K.SIVABALAN, Advocate SR-68536.

W.P.(MD)No.13162 of 2019 11.06.2019 CS: (21/06/2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/