Madras High CourtWP(MD)/7060/2018dismissed as infructuous

Dr.A.Bladbin, Jerush Dental & v. The Asst Divisional Engineer,

2021-08-27Honourable Mr Justice M.Duraiswamy,Honourable Mr Justice K.Murali Shankar2 pages

W.P(MD)No.7060 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR W.P(MD)No.7060 of 2018 and W.M.P.(MD)Nos.6748 and 6749 of 2018 Dr.A.Bladbin ... Petitioner Vs.

1.The Assistant Divisional Engineer, National Highways, Salt Street, Near Poorvika Mobile Shop, Thuckalay-629 175, Kanyakumari District.

2.The Assistant Director of Land Survey, District Surveyor Office, Nagercoil, Kanyakumari District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying for issuance of a writ of Certiorarified Mandamus, calling for the records in the impugned order of the first respondent in f.vz;.25-2016, ,tm, dated 20.03.2018 and the report of the second respondent in Na.Ka.No.13/6817/17, dated 09.03.2018 and quash the same and consequently direct the respondents to measure the petitioner's property in Survey No.106/3A at Thuckalay Village, Kalkulam Taluk, Kanyakumari District and the property of the National Highway NH47 in Survey No.B2/36 as per the survey plan and demarcated the same so as to find out whether any encroachment is made in Survey No.B2/36 as alleged in the impugned order of the first respondent in f.vz;.25-2016, ,tm;, dated 20.03.2018 and the report of the second respondent in Na.Ka.No.13/6817/17, dated 09.03.2018.

For Petitioner : Mr.F.Deepak For Respondents : Mr.B.Saravanan Government Advocate

ORDER

(Order of this Court was made by M.DURAISWAMY,J.) Mr.F.Deepak, learned Counsel appearing for the petitioner submitted that the relief sought for in the writ petition has become infructuous, hence, the writ petition may be dismissed. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.7060 of 2018

2. Recording the submission made by the learned Counsel appeairng for the petitioner, the Writ Petition is dismissed as infructuous. No costs. Consequently, the connected Miscellaneous Petitions are also dismissed.

Sd/- Assistant Registrar (CRL) // True Copy // / /2021 Sub Assistant Registrar(CS) SSL 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 Assistant Divisional Engineer, National Highways, Salt Street, Near Poorvika Mobile Shop, Thuckalay-629 175, Kanyakumari District.

2.The Assistant Director of Land Survey, District Surveyor Office, Nagercoil, Kanyakumari District.

+1 CC to M/s.GP ( SR-27629[F] dated 31/08/2021 ) +1 CC to M/s.F.DEEPAK, Advocate ( SR-27603[F] dated 31/08/2021 ) W.P(MD)No.7060 of 2018 27.08.2021 MGJ(07.09.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2