K.Karuppiah v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.12.2020

CORAM:

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE and W.M.P.(MD) No.14756 of 2020 (Through Video Conference) K.Karuppiah .. Petitioner Vs.

1. The District Collector,

2) The Revenue Divisional Officer, Devakottai,

3) The Tahsildar, Karaikudi,

4) The President, Kallal Panchayat, Kallal, Sivagangai District .. Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India for issuance of Writ of Mandamus, forbearing the respondents from interfering with the peaceful possession and enjoyment of the property by putting up permanent bus stand or in any other disturbing the petitioner's enjoyment over the property in Old Survey No.245, New Survey No.547/1 situated at Kallal Village, Karaikudi Taluk, Sivagangai District without following due process of law.

For Petitioner : Mr.J.Anandkumar For RR 1 to 3 : Mr.C.Ramar, Additional Government Pleader For R4 : Mr.A.Muthukaruppan, Additional Government Pleader ***** 1/3

O R D E R

This writ petition has been filed for a Mandamus to forbear the respondents from interfering with the peaceful possession and enjoyment of the property by putting up permanent bus stand or in any other manner disturbing the petitioner's enjoyment over the property in Old Survey No.245, New Survey No.547/1 situated at Kallal Village, Karaikudi Taluk, Sivagangai District without following due process of law.

2. Mr.C.Ramar, learned Additional Government Pleader appearing for the respondents 1 to 3 as well as Mr.A.Muthukaruppan, learned Additional Government Pleader for the fourth respondent, on instructions would submit that there is no proposal to put up a bus stand in the aforementioned property owned by the petitioner.

3. Since the respondents have given an undertaking before this Court through their respective counsels, that there is no proposal to construct a bus stand in the petitioner's property, the apprehension of the petitioner is uncalled for and the prayer sought for in this writ petition is unnecessary.

4. After recording the statements made by the respective Additional Government Pleaders, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar // True Copy // / /2021 Sub Assistant Registrar(CS) sts Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To:

1. The District Collector,

2) The Revenue Divisional Officer, Devakottai, 2/3

3) The Tahsildar, Karaikudi,

4) The President, Kallal Panchayat, Kallal, +2CCs to the SPL GP SR.Nos.26060 & 26071.

Order made in Dated:

16.12.2020 SSS(CO) CS:18.01.2021 3P 7C 3/3