Madras High CourtWP(MD)/6995/2024dismissed as infructuous

S.Chandrashekaran v. The District Collector

2024-03-21Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :21.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR S.Chandrashekaran ... Petitioner vs.

1.The District Collector, Virudhunagar District, Virudhunagar.

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

3.The Tahsildar, Arupukottai Taluk, Virudhunagar District.

4.Sadasivam Chettiar, President, Ambalam Suppan Chettiar Uravin Murai, Chockalingapuram, Arupukottai, Virudhunagar District. ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondent No.3 to remove the encroachment made by the fourth respondent in Old Survey No.175/6, Ward D, Block 14, Arupukottai Town, Classified as Vandipathai by following the procedure 1/4

contemplated under the Tamil Nadu Land Encroachment Act, 1905 within the time that may be stipulated by this Court. For Petitioner : Mr.M.Mhaboob Athiff For R-1 to R-3 : Mr.P.Thilak Kumar, Government Pleader

ORDER

(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 respondent No.3, to remove the encroachment made by the fourth respondent in Old Survey No.175/6, Ward D, Block 14, Arupukottai Town, which is classified as Vandipathai, by following the procedure contemplated under the Tamil Nadu Land Encroachment Act, 1905 within a stipulated period.

2. The learned Government Pleader appearing for the respondents 1 to 3, on instructions, would submit that in this matter, already notice has been served to the encroacher to appear for enquiry with regard to the encroachment in the place in question, which is classified as 'vandipathai'.

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3. In view of the above, the prayer as sought for by the petitioner has become infructuous. Hence, this writ petition is dismissed as infructuous. It is for the official respondents to proceed further in accordance with law. No Costs.

[D.K.K.,J.] [R.V.,J.] 21.03.2024 NCC : Yes / No Index : Yes / No PM To 1.The District Collector, Virudhunagar District, Virudhunagar.

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

3.The Tahsildar, Arupukottai Taluk, Virudhunagar District.

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D. KRISHNAKUMAR,J.

and R.VIJAYAKUMAR,J.

PM ORDER MADE IN DATED :21.03.2024 4/4