Madras High CourtWP(MD)/3560/2014closed

Tmt. G.Lakshmi Ammal, v. The Revenue Divisional Officer

2017-03-17Honourable Mr Justice V. Parthiban4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 17.03.2017

CORAM

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P(MD)No.3560 of 2014 and M.P(MD)Nos.1 and 2 of 2014 Tmt.G.Lakshmi Ammal ..Petitioner Vs 1.The Revenue Divisional Officer, Virudhunagar District.

2.The Assistant Engineer,Highways, Public Works Department, Aruppukkottai.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus forbearing the respondents from in any way interfering with the peaceful possession and enjoyment of the property of the Petitioner in Survey No.173/2A and 173/2B in Aannaikulam Village, Thiruchuluzi Taluk, Virudhunagar District without following the due process of law.

For Petitioner :M/s.J.Anand kumar For Respondents :Mr.M.Alagathevan Special .Govt.Pleader

ORDER

The Petitioner has approached this Court seeking issuance of a Writ of Mandamus forbearing the respondents from in any way interfering with the peaceful possession and enjoyment of the property of the Petitioner in S.No.173/2A and 173/2B in Aannaikulam Village, Thiruchuluzi Taluk, Virudhunagar District without following the due process of law.

2.Heard the learned counsels appearing on either side and perused the materials placed before this Court. 3.The learned counsel for the respondents has filed a reply statement, in which para 6 reads as follows:

''6.I submit that the conversion work and construction of culvert no way connected to the Petitioner's property and Petitioner's interests. The Highways Department carried over the construction of culvert in the existing cause way ( XL ghyk; ).It is not a new formation as alleged by the Petitioner, it an existing one. This Honourable High Court granted interim injunction in M.P(MD)No.1 of 2014. In interim order, it is directed that if the work had not been completed there shall be an interim injunction. Hence the major works are completed.''

4.In view of the averment made above, nothing survives for adjudication in the Writ Petition and hence the Writ Petition is closed.Consequently, connected Miscellaneous Petition are closed. No costs.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To 1.The Revenue Divisional Officer, Virudhunagar District.

2.The Assistant Engineer,Highways, Public Works Department, Aruppukkottai.

Vsn JS/SV/MMS/27.03.2017/2p-3c W.P(MD)No.3560 of 2014 and M.P(MD)Nos.1 and 2 of 2014 17.03.2017