Madras High CourtWP(MD)/22660/2015disposed of

K.Chinnachamy Gounder, M/60/15 v. The District Collector

2017-10-30Honourable Mr Justice Abdul Quddhose,Honourable Mr Justice M. Venugopal3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.10.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.VENUGOPAL AND THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.22660 of 2015 K.Chinnachamy Gounder : Petitioner .vs.

1.The District Collector, Pudukkottai.

2.The District Revenue Officer, Pudukkottai.

3.The Revenue Divisional Officer, Iluppur, Pudukkottai District.

4.The Tahsildar, Iluppur, Pudukkottai District.

5.The Commissioner, Block Development Office, Viralimalai, Pudukkottai District.

6.The President, Boothakkudi Village Panchayat, Rajanaickenpatti Post, Ilupput Taluk, Pudukkottai District.

7.M.Narayanan Chettiar 8.K.M.N.Murugappan 9.M.Palaniappan 10.Dhanalakshmi Narayanan 11.R.Senthilmurugan 12.A.Aarthy : Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying this Court for issuance of a Writ of Mandamus forbearing the respondents from formation of road or any other encroachment in S.F.No.325 of Boothakudi Village, Iluppur Taluk, Pudukkottai District at once.

For Petitioner : Mr.Kandha Vadivelan for M/s.P.Ganapathi Subramanian For Respondents : Mr.T.R.Janarthanan 1 to 5 Additional Govt.Pleader For Respondents : M/s.D.Ramesh Kumar 7 to 12 For Respondent-6 : No appearance

O R D E R

************* [Order of the Court was made by M.VENUGOPAL, J.] This Writ Petition has been filed seeking issuance of a Writ of Mandamus forbearing the respondents from formation of road or any other encroachment in S.F.No.325 of Boothakudi Village, Iluppur Taluk, Pudukkottai District.

2.Heard both sides.

3.By consent, the main Writ Petition itself is taken up for final disposal.

4.It is represented by the learned Additional Government Pleader appearing on behalf of the Respondents 1 to 5 that as on date, there is no proposal for forming a road in S.F.No.325 of Boothakudi Village, Iluppur Taluk, Pudukkottai District. Furthermore, the Sixth Respondent is not continuing as a President of Boothakudi Village Panchayat, Illupur Taluk, Pudukkottai District. As such, there is no possibility on his part to carry out his declaration that he would pass a Resolution in the Village Panchayat to form a road in S.F.No.325 of Boothakudi Village, Iluppur Taluk, Pudukkottai District.

5.In pith and substance, it is projected on the side of the Respondents 1 to 5 that since there is no proposal on the part of Sixth Respondent to form a road in S.F.No.325 of Boothakudi Village, Iluppur Taluk, Pudukkottai District in question, nothing survives for further adjudication in the present Writ Petition.

6.Viewed in that perspective, the Writ Petition stands closed. No costs.

Sd/- Assistant Registrar(Records) /True Copy/ Sub-Assistant Registrar To 1.The District Collector, Pudukkottai.