R.Charles 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.16545 of 2020 R.Charles ... Petitioner -Vs1.The District Collector, Kanyakumari District, At Nagercoil.

2.The Assistant Director of Town Panchayat, Collectorate, Kanyakumari District, At Nagercoil.

3.The Executive Officer, Vilavoor Town Panchayat, At Moolachel, Kanyakumari District.

4.The Inspector of Police, Thuckalay Police Station, Kanyakumari District.

5.D.Sathya James 6.Jenisha 7.D.Rajan 8.Shiny ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to remove the encroachment made by the respondents 5 to 8 by creating public nuisance and preventing the peaceful enjoyment of the public as a whole using the lane touching ThuckalayMakamandabam Road, in Thuckalay Village, Vilavoor Panchayat, Kalkulam Taluk.

For Petitioner : Mr.G.Cenil For R1 to R3 : Mr.P.Thilak Kumar, Government Pleader For R4 : Mr.T.Senthil Kumar, Additional Public Prosecutor For R5 and R7 : No Appearance For R6 and R8 : Mr.B.Saravanan

ORDER

[Order of the Court was made by R.MAHADEVAN, J.] This Writ Petition is filed to direct the respondents 1 to 3 to remove the encroachment made by the respondents 5 to 8 by creating public nuisance and preventing the peaceful enjoyment of the public, as a whole using the lane touching Thuckalay-Makamandabam Road, in Thuckalay Village, Vilavoor Panchayat, Kalkulam Taluk.

2.Today, when the matter was taken up for hearing, the learned Government Pleader for the respondents 1 to 3 and the learned counsel for the respondents 6 and 8 jointly submitted that the encroachment had already been removed.

3.The aforesaid submission is not refuted by the learned counsel for the petitioner.

4.Recording the aforesaid submission, this Writ Petition stands closed. No costs.

[R.M.D., J.] & [J.S.N.P., J.] 10.11.2022 Index : Yes / No Internet : Yes / No Myr To 1.The District Collector, Kanyakumari District, At Nagercoil.

2.The Assistant Director of Town Panchayat, Collectorate, Kanyakumari District, At Nagercoil.

3.The Executive Officer, Vilavoor Town Panchayat, At Moolachel, Kanyakumari District.

4.The Inspector of Police, Thuckalay Police Station, Kanyakumari District.

R.MAHADEVAN , J.

AND J.SATHYA NARAYANA PRASAD, J.

Myr W.P.(MD)No.16545 of 2020 10.11.2022