S.Aariyan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD and W.M.P.(MD) No.10778 of 2019 S.Aariyan ... Petitioner -vs1.The District Collector Karur, Karur District 2.The Thasildhar Krishnarayapuram Taluk Karur District 3.The Assistant Executive Engineer Public Works Department Karur District 4.The Firka Surveyor Sindalavadi Krishnarayapuram Taluk Karur District 5.Manikandan 6.Vinoth

7.Baskar 8.Sakthi 9.Rajasekaran 10.Prabhu 11.Lakshmanan 12.Prabhakaran 13.Ponnar 14.Sakthivel 15.Gopal 16.Balakumar 17.Moorthi ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 4 to act upon the proceedings of the second respondent in Na.Ka.a4/1142/2019, dated 16.05.2019 to remove the encroachment made in Vaikkal by the respondents 5 to 17 in Survey No.159/A/7B & 159/A/3B, Veerakumaranpatti Village, Pillapalayam, Krishnarayapuram Taluk, Karur District, by considering the petitioner's representation dated 13.05.2019 and to pass orders on merits and in accordance with law, within a stipulated period.

For Petitioner :

Ms.T.K.Akalya For Respondents :

Mr.N.GA.Nataraj Government Advocate for R1 to R4 No appearance for R5 to R17

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 4 to act upon the proceedings of the second respondent in Na.Ka.a4/1142/2019, dated 16.05.2019 and to remove the encroachments made in a Vaikkal by the respondents 5 to 17 in Survey Nos.159/A/7B & 159/A/3B of Veerakumaranpatti Village, Pillapalayam, Krishnarayapuram Taluk, Karur District, based on the petitioner's representation dated 13.05.2019, within a stipulated time.

2. Today, when the matter was taken up for hearing, the learned Government Advocate appearing for the respondents 1 to 4, on instructions, submitted that pending writ petition, the encroachments, as alleged by the petitioner, have been removed and to that effect, he has also produced a copy of the proceedings of the second respondent in Na.Ka.A4/1142/2019, dated 12.10.2022.

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

4. Recording the above submission of the learned Government Advocate appearing for the respondents 1 to 4 and granting liberty to the petitioner to approach the authority concerned, if any further encroachment is noticed, the writ petition is closed. No costs. Consequently, connected miscellaneous petition is closed.

[R.M.D., J.] [J.S.N.P., J.] 13.10.2022 Index :

Yes / No Internet :

Yes / No krk To:

1.The District Collector, Karur, Karur District.

2.The Thasildhar, Krishnarayapuram Taluk, Karur District.

3.The Assistant Executive Engineer , Public Works Department, Karur District.

4.The Firka Surveyor, Sindalavadi, Krishnarayapuram Taluk, Karur District.

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD, J.

krk and W.M.P.(MD) No.10778 of 2019 13.10.2022