Madras High CourtWP(MD)/14325/2020closed

M.Karthikeyan v. The District Collector

2022-11-10Honourable Mr Justice R. Mahadevan,Honourable Mr Justice J.Sathya Narayana Prasad4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN AND THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P.(MD)No.14325 of 2020 and W.M.P.(MD)No.11978 of 2020 M.Karthikeyan ... Petitioner -Vs1.The District Collector, Dindigul District, Dindigul.

2.The Revenue Divisional Officer (Palani Revenue), Palani, Dindigul District.

3.The Tahsildar, Kujiliamparai Taluk, Dindigul District.

4.The Revenue Inspector, Kovilur, Kujiliamparai Taluk, Dindigul District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the 3rd respondent from initiating further proceedings based on the notice dated 24.09.2020 issued under Section 6 of the (Tamilnadu) Land Encroachment Act, 1905 against the petitioner till the disposal of appeal dated 01.10.2020 filed under Section 10 of the (Tamilnadu) Land Encroachment Act, 1905 before the 1st respondent herein. For Petitioner : Mr.S.Sarvagan Prabhu For Respondents : Mr.P.Thilak Kumar, Government Pleader

ORDER

[Order of the Court was made by R.MAHADEVAN, J.] This Writ Petition is filed to forbear the 3rd respondent from initiating further proceedings against the petitioner, based on the notice dated 24.09.2020 issued to him under Section 6 of the Tamilnadu Land Encroachment Act, 1905, till the disposal of his appeal dated 01.10.2020 filed under Section 10 of the Act, before the 1st respondent.

2.Today, when the matter was taken up for hearing, the learned Government Pleader for the respondents, on instructions, submitted that the encroachment made by the petitioner has already been removed by the authorities concerned by following due process of law. 3.The aforesaid submission has not been refuted by the learned counsel for the petitioner.

4.Recording the aforesaid submission, this Writ Petition stands closed. No costs. Consequently, connected miscellaneous petition is also closed. [R.M.D., J.] & [J.S.N.P., J.] 10.11.2022 Index : Yes / No Internet : Yes / No Myr

R.MAHADEVAN , J.

AND J.SATHYA NARAYANA PRASAD, J.

Myr To 1.The District Collector, Dindigul District, Dindigul.

2.The Revenue Divisional Officer (Palani Revenue), Palani, Dindigul District.

3.The Tahsildar, Kujiliamparai Taluk, Dindigul District.

4.The Revenue Inspector, Kovilur, Kujiliamparai Taluk, Dindigul District.

W.P.(MD)No.14325 of 2020 10.11.2022