Abudahir.V.M v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P.(MD) No.22278 of 2022 and WMP(MD) No.16461 of 2022 V.M.Abudahir ... Petitioner -vs1. The District Collector, Theni District, Theni.

2. The Tahsildar, Uthamapalayam Taluk, Uthamapalayam Post, Theni District.

3. The Executive Officer, Uthamapalayam Municipality, Uthamapalayam, Theni District.

4. P.Sadaiyandi

5. P.Perumal ... 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 take

appropriate action as per the G.O.(Ms).No.540 dated 04.12.2014, to remove the encroachments which is situated in S.No.850 of Uthamapalayam Revenue Village, Uthamapalayam Taluk, Theni District, which is well within the Aachithottam, Abdul Khader Rice Mill Lane (Pathway), Uthamapalayam Municipality, within time fixed by this Honble Court .

For Petitioner :

Mr.A.Ilaya Perumal For Respondents :

Mr.G.V.Vairam Santhosh Addl.Govt.Pleader for R1 and R2 No appearance for R3 to R5

O R D E R

(Order of the Court was made by R.MAHADEVAN, J.) This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to take appropriate action as per the G.O.(Ms).No.540 dated 04.12.2014, to remove the encroachments situated in Survey No.850 of Uthamapalayam Revenue Village, Uthamapalayam Taluk, Theni District, which is well within the Aachithottam, Abdul Khader Rice Mill Lane (Pathway), Uthamapalayam Municipality, within a time frame.

2. Today, when the matter was taken up for hearing, the learned Additional Government Pleader appearing for the respondents 1 and 2, produced a communication of the third respondent - the Executive Officer, Uthamapalayam Municipality, in Na.Ka.No.60/2012/m1, dated 14.11.2022, addressed to the official respondents and submitted that the removal of encroachment as projected by the petitioner is scheduled to be held tomorrow (16.11.2022) and hence, nothing survives for adjudication in this writ petition.

3. The aforesaid submission of the learned Additional Government Pleader as well as the communication dated 14.11.2022 are not refuted by the learned counsel for the petitioner.

4. Recording the above submission and communication dated 14.11.2022, this Writ Petition is closed. No costs. Consequently, connected miscellaneous petition is closed.

[R.M.D., J.] [J.S.N.P., J.] 15.11.2022 Index : Yes / No Internet : Yes / No pkn

To

1. The District Collector, Theni District, Theni.

2. The Tahsildar, Uthamapalayam Taluk, Uthamapalayam Post, Theni District.

3. The Executive Officer, Uthamapalayam Municipality, Uthamapalayam, Theni District.

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD , J.

pkn W.P.(MD) No.22278 of 2022 15.11.2022