Sivakumar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD and W.M.P.(MD) No.7024 of 2022 Sivakumar ... Petitioner -vs1.The District Collector Pudukkottai District Pudukkottai 2.The District Revenue Officer Office of the District Revenue Office Pudukkottai District 3.The Block Development Officer Aranthangi Pudukkottai District 4.The Territory Manager Indian Oil Corporation Limited Divisional Office Thillai Nagar Trichy District

5.The Divisional Engineer Highways Department & Construction and Maintenance Pudukkottai District Pudukkottai District 6.Rajarathinam ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 5 to conduct survey pertaining to feeding channel in S.F.No.46, Ettiyiathali Village, Aranthangi Taluk, Pudukkottai District and remove the encroachment made by the sixth respondent and consequently direct the sixth respondent to comply the conditions given by the fifth respondent in light of proceedings letter No.K/No/1231/2020/EVA2, dated 19.10.2020, based on petitioner's representation dated 18.04.2022.

For Petitioner :

Mr.K.Ilaiyaraja For Respondents :

Mr.P.Thilakkumar Government Pleader for R1, R2, R4 & R5 Mr.V.Nirmal Kumar Government Advocate for R3

O R D E R

[Order of the Court was made by R.MAHADEVAN, J.] The prayer in this writ petition is for issuance of a writ of mandamus directing the respondents 1 to 5 to conduct survey in the feeding channel in S.F.No.46 of Ettiyiathali Village, Aranthangi Taluk, Pudukkottai District, remove the encroachment made therein by the sixth respondent and consequently, to direct the sixth respondent to comply with the conditions given by the fifth respondent in his proceedings No.K/No/1231/2020/EVA2, dated 19.10.2020, based on petitioner's representation dated 18.04.2022.

2. Today, when the matter was taken up for hearing, the learned Government Pleader appearing for the respondents 1, 2, 4 & 5, on instructions, submitted that the encroachment made by the sixth respondent in the subject channel, as pointed out by the petitioner, has been removed by the authorities concerned and to that effect, he has also produced a copy of the proceedings of the Assistant Divisional Engineer, Construction and Maintenance, Highways Department, Aranthangi, dated 11.11.2022 as well as the photographs, before this Court.

3. The learned counsel for the petitioner has not refuted the above submission of the learned Government Pleader.

4. Recording the above submission of the learned Government Pleader appearing for the respondents 1, 2, 4 & 5, the writ petition is closed. No costs. Consequently, connected miscellaneous petition is closed. [R.M.D., J.] [J.S.N.P., J.] 14.11.2022 Index :

Yes / No Internet :

Yes / No krk To:

1.The District Collector, Pudukkottai District, Pudukkottai.

2.The District Revenue Officer, Office of the District Revenue Office, Pudukkottai District.

3.The Block Development Officer, Aranthangi, Pudukkottai District.

4.The Territory Manager, Indian Oil Corporation Limited, Divisional Office, Thillai Nagar, Trichy District.

5.The Divisional Engineer, Highways Department & Construction and Maintenance, Pudukkottai District.

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD, J.

krk and W.M.P.(MD) No.7024 of 2022 14.11.2022