A.P.Tambi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE P.DHANABAL W.P(MD)No.5023 of 2024 A.P.Tambi ... Petitioner Vs.

1 The District Collector Kanyakumari District, At Nagercoil.

2 The Superintendent Engineer Construction and Maintenance, Reserve Line Road, Palayankottai, Tirunelveli District.

3 The Divisional Engineer State Highway Department, Nagercoil, 4 The Revenue Divisional Officer / Monitoring Committee,, Padmanabhapuram, Thuckalay and Post, Kanyakumari District.

5 The Executive Officer, Mandaikadu Town Panchayat, Mandaikadu, 6 The Tahsildar Kalkulam Taluk at Thuckalay,

7. J.Vijiyalakshmi ... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 to 6 to remove the encroachment was made by 7th respondent in Survey No.75/2 at Mandaikadu Village, Kalkulam Taluk, Kanyakumari District, within a stipulated period as framed by this Hon'ble Court. For Petitioner :Mr.A.Sankararamasubramanian For R-1 to R-4 & R-6 :Mr.T.Amjad Khan, Government Advocate For R-5 :Mr.S.P.Maharajan, Special Government Pleader

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] The petitioner has filed this writ petition seeking for issuance of a Writ of Mandamus, directing the respondents 1 to 6, to remove the encroachment was made by 7th respondent in Survey No.75/2 at Mandaikadu Village, Kalkulam Taluk, Kanyakumari District, within a stipulated period.

2. When the writ petition is taken for hearing today, the learned Special Government Pleader, on instructions, would submit that the encroachments made in the subject place have been removed and hence, prays for dismissal of this writ petition.

3. The learned counsel appearing for the petitioner has also not disputed the said fact.

4. In view of the same, recording the submission made by the learned Special Government Pleader that the encroachment have been removed, this writ petition is dismissed as infructuous. No Costs. [D.K.K., J.] [P.D.B., J.

08.03.2024 Index :

Yes/No NCC : Yes/No PM To:

1 The District Collector, Kanyakumari District, At Nagercoil. 2 The Superintendent Engineer Construction and Maintenance, Reserve Line Road, Palayankottai, Tirunelveli District. 3 The Divisional Engineer State Highway Department, Nagercoil, Kanyakumari District. 4 The Revenue Divisional Officer / Monitoring Committee,, Padmanabhapuram, Thuckalay and Post, Kanyakumari District.

5 The Executive Officer, Mandaikadu Town Panchayat, Mandaikadu,

6 The Tahsildar Kalkulam Taluk at Thuckalay, D.KRISHNAKUMAR, J.

and P.DHANABAL, J.

PM W.P.(MD)No.5023 of 2024 08.03.2024