C.Karpagam v. The Asst Engineer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.12.2022 CORAM :
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and WMP(MD)Nos.7173 and 7175 of 2020 C.Karpagaam ... Petitioner vs.
1. The Assistant Engineer, Water Resources Organization, PWD, Irrigation Department, Periyakulam, Theni District.
2. The Executive Engineer, Water Resources Organization, PWD, Manjalaru Irrigation Division, Periyakulam, Theni District.
3. The Assistant Engineer, Tamilnadu Electricity Office, Thamaraikulam, Periyakulam, Theni District.
... Respondents 1/5
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned orders in Letter No.Ko14/UPo(Pa.Pi)/Periyakulam/2020 dated 23.06.2020 and Letter No.Ko14/U Po/Pa Pi/2019 dated 07.07.2020 passed by the 1st respondent and quash the same and consequently direct the respondents 1 and 2 not to demolish the petitioner's house situated at VOC Nagar, Vadugapatti, Periyakulam Taluk, Theni District. For Petitioner : Mr.S.A.Ajmalkhan For R1 & R2 : Mr.K.Balasubramani Special Government Pleader For R3 : Mr.S.Deenadhayalan
ORDER
(Order of the Court was made by D.KRISHNAKUMAR, J.) The prayer in the writ petition is for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned orders in Letter No.Ko14/UPo(Pa.Pi)/Periyakulam/2020 dated 23.06.2020 and Letter No.Ko14/U Po/Pa Pi/2019 dated 07.07.2020 passed by the 1st respondent and quash the same and consequently direct the respondents 1 and 2 not to demolish the 2/5
petitioner's house situated at VOC Nagar, Vadugapatti, Periyakulam Taluk, Theni District.
2.
Learned Special Government Pleader has placed the communication of the 1st respondent in Letter No.Ko14/2022/U Po/Pa Pi dated 13.12.2022, addressed to him and submitted that the encroachment made by the petitioner in the subject matter of the property in question has been removed by the petitioner herself on 30.06.2021, pursuant to the notice dated 23.06.2021 and therefore, the prayer in this writ petition has become infructuous. 3.
Recording the said submission, this Writ Petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petitions are closed.
[D.K.K.,J.] & [R.V.,J.] 14.12.2022 Index : Yes / No Internet : Yes bala 3/5
To
1. The Assistant Engineer, Water Resources Organization, PWD, Irrigation Department, Periyakulam, Theni District.
2. The Executive Engineer, Water Resources Organization, PWD, Manjalaru Irrigation Division, Periyakulam, Theni District.
3. The Assistant Engineer, Tamilnadu Electricity Office, Thamaraikulam, Periyakulam, Theni District.
4/5
D.KRISHNAKUMAR , J.
and R.VIJAYAKUMAR, J.
bala ORDER MADE IN DATED : 14.12.2022 5/5