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Madras High CourtWP(MD)/21231/2022closed

Marimuthu.P v. The District Collector

2022-10-18Honourable Mr Justice R. Mahadevan,Honourable Mr Justice J.Sathya Narayana Prasad5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD P.Marimuthu ... Petitioner vs.

1.The District Collector, Theni District.

2.The Revenue Divisional Officer, Revenue Divisional Office, Periyakulam, Theni District.

3.The Tahsildar, Andipatti Taluk, Theni District.

4.The Executive Officer, Andipatti Town Panchayat, Andipatti, Theni District.

5.V.Lingaraj ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 to 1/5

4 to remove the obstructions and encroachments made by the fifth respondent in the public pathway situated in Survey No.469A/2, Chakkampatti Village, Andipatti Bit-1, Periyakulam Taluk, Theni District as the same had already been confirmed by the inspection jointly carried out by the Andipatti Revenue Inspector, Village Administrative Officer, Inspector of Police, Andipatti Police Station and the fourth respondent on 02.12.2016 itself and the fourth respondent have issued a notice in Na.Ka.130/2016 dated 12.12.2016 to the fifth respondent for removal of encroachments in pursuance to the directions issued by this Court to consider the grievance of the petitioner, in its order in W.P(MD)No.18178 of 2016 on 22.09.2016. For Petitioner : Mr.M.Purushothaman For RR 1 to 3 : Mr.S.P.Maharajan Special Government Pleader

ORDER

(Order of the Court was made by R.MAHADEVAN, J.) The prayer made in this Writ Petition is to issue a Writ of Mandamus, directing the respondents 1 to 4 to remove the obstructions and encroachments made by the fifth respondent in the public pathway situated in Survey No.469A/2, Chakkampatti Village, Andipatti Bit-1, Periyakulam Taluk, Theni District.

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2. Today, when the matter was taken up for hearing, the learned Special Government Pleader appearing for the respondents 1 to 3 has produced a communication of the Executive Officer, Theni District in Na.Ka.No.116 of 2022, dated 13.10.2022 and submitted that the prayer of the petitioner has been met with by the official respondents.

3. The submission of the learned Special Government Pleader is not refuted by the learned counsel appearing for the petitioner.

4. Recording the aforesaid communication, dated 13.10.2022 and the submission of the learned Special Government Pleader, this Writ Petition stands closed. No costs.

[R.M.D.,J.] [J.S.N.P.,J.] Index : Yes / No 18.10.2022 Internet : Yes ps 3/5

To 1.The District Collector, Theni District.

2.The Revenue Divisional Officer, Revenue Divisional Office, Periyakulam, Theni District.

3.The Tahsildar, Andipatti Taluk, Theni District.

4.The Executive Officer, Andipatti Town Panchayat, Andipatti, Theni District.

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R.MAHADEVAN ,J.

and J.SATHYA NARAYANA PRASAD,J.

ps ORDER MADE IN DATED : 18.10.2022 5/5