Madras High CourtWP(MD)/14669/2021disposed of

Antony Siluvai Muthu v. The District Collector

2022-10-27Honourable Mr Justice R. Mahadevan,Honourable Mr Justice J.Sathya Narayana Prasad4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P.(MD) No.14669 of 2021 Antony Siluvai Muthu ... Petitioner -vs1.The District Collector, 2.The Block Development Officer, Office of the Block Development Officer, Alwarthirunagari, Tiruchendur Taluk, (R2 cause title amended vide Court order dated 01.09.2021 in WMP(MD) No.12273 of 2021) 3.The Tahsildar, Sathankulam Taluk, Thoothukudi District.

4.The President, Srivenkateswarapuram Village Panchayat, Sathankulam Panchayat Union, Sathankulam Taluk, 5.Amalajothi Lidwin ... 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 remove the encroachment made by the fifth respondent in public pathway in S.F. 610 and 967 situated at Srivenkateswarapuram Village, Sathankulam Taluk, Thoothukudi District, on the basis of the petitioner's representation dated 08.07.2021, within the time frame fixed by this Hon'ble Court.

For Petitioner :

Mr.T.Vadivelan For Respondents :

Mr.G.V.Vairam Santhosh, Addl. Government Pleader for R1 to R4 Mr.S.R.Anabarasu for R5

O R D E R

(Order of the Court was made by R.MAHADEVAN, J.) This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to remove the encroachment made by the fifth respondent in the public pathway in S.F.Nos.610 and 967 at Srivenkateswarapuram Village, Sathankulam Taluk, Thoothukudi District, on the basis of the petitioner's representation dated 08.07.2021, within a time frame.

2. Today, when the matter was taken up for hearing, the learned Additional Government Pleader appearing for the respondents 1 to 4, on instructions, submitted that the authorities have already inspected the aforesaid pathway and found that there is no encroachment as alleged by the petitioner. Therefore, he submitted that nothing survives for adjudication in this writ petition. The said submission has not been stoutly refuted by the learned counsel for the petitioner.

3. Recording the above submission of the learned Additional Government Pleader, this Writ Petition is closed leaving it open to the petitioner to approach the authorities to redress his grievance, if any. No costs.

[R.M.D., J.] [J.S.N.P., J.] 27.10.2022 Index : Yes / No Internet : Yes / No pkn To:

1.The District Collector, 2.The Block Development Officer, Office of the Block Development Officer, Alwarthirunagari, Tiruchendur Taluk,

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD , J.

pkn 3.The Tahsildar, Sathankulam Taluk, Thoothukudi District.

4.The President, Srivenkateswarapuram Village Panchayat, Sathankulam Panchayat Union, Sathankulam Taluk, W.P.(MD) No.14669 of 2021 27.10.2022