S.Ganesan v. The District Collector

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.14526 of 2020 and W.M.P.(MD)No.12186 of 2020 S.Ganesan ... Petitioner -Vs1.The District Collector, Collectorate, Trichy District.

2.The Commissioner, O/o.Commissioner, Trichy District.

3.M/s.Kalyan Jewellers India Limited, TC/32/204/2, Sitaram Mill Road, Punkunnam, Thrissur 680 002, Kerala, Rep. through its Managing Director ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to remove the

encroachments made by the 3rd respondent in the storm water channel and as well as in the lane situated in T.S.No.2, Ward No.10, Trichy Corporation. For Petitioner : Mr.K.Govindarajan For R1 : Mr.S.P.Maharajan, Special Government Pleader For R2 : Mr.R.Baskaran, Standing Counsel For R3 : Mr.R.Pandivel

ORDER

[Order of the Court was made by R.MAHADEVAN, J.] This Writ Petition has been filed, seeking issuance of a Writ of Mandamus, directing the respondents 1 and 2 to remove the encroachments made by the 3rd respondent in the storm water channel and as well as in the lane situated in T.S.No.2, Ward No.10, Trichy Corporation. 2.Today, when the matter was taken up for hearing, the learned Special Government Pleader for the 1st respondent submitted that the encroachment has

already been removed by the authorities concerned and a status report has also been filed in this regard. The relevant portion of the same reads as follows:- "5.Furthermore it is submitted that on filing of the above Writ petition by the petitioner in the above subject matter the Tahsildar, Trichirappalli East has called for Reports from the concerned Revenue Inspector and V.A.O.,and they have submitted Reports on 20.10.2020 after inspecting the demised property. The Town Surveyor, Ariyamangalam Zone also was directed to submit a Report in this regard. The Town Surveyor after making Field Inspection has also reported the above factum together with the copies of Town Survey Field Register pertaining to T.S.No.1 to 4 and Field Map for T.S.No.2.

6.Hence it is submitted that on the first hearing of the above Writ Petition itself the above factum of removal of encroachment was reported to the Additional Government Pleader through the concerned Revenue Inspector and the Hon'ble High Court has also been pleased to record the same on 16.10.2020. Furthermore as directed by this Hon'ble High Court this Status Report along with the Photographs towards the removal of encroachment are submitted herewith."

3.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 To 1.The District Collector, Collectorate, Trichy District.

R.MAHADEVAN , J.

AND J.SATHYA NARAYANA PRASAD, J.

Myr W.P.(MD)No.14526 of 2020 10.11.2022