Madras High CourtWP(MD)/22345/2022disposed of

Karthikeyan v. The Revenue Divisional Officer

2022-11-16Honourable Mr Justice R. Mahadevan,Honourable Mr Justice J.Sathya Narayana Prasad6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN AND THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P.(MD)No.22345 of 2022 and W.M.P.(MD)No.16529 of 2022 Karthikeyan ... Petitioner -Vs1.The Revenue Divisional Officer, Revenue Divisional Office, Paramakudi, Ramanathapuram District.

2.The Tahsildar, Mudukulathur Taluk Office, Mudukulathur Taluk, Ramanathapuram District.

3.The General Manager, Sivagangai District Milk Producers Union Ltd., Kazhanivasal, Karaikudi, Sivagangai District.

4.K.Vemban ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records pertaining to the impugned proceedings of the 2nd respondent in Na.Ka.B1/407/2022 dated 06.09.2022 and quash the same as illegal consequently, forbear the respondents from interfering with the peaceful conduct of petitioner's Aavin business in Survey No.400/11 and 400/12 at Kakkoor Village and Post, Mudukulathur Taluk, Ramanathapuram District.

For Petitioner : Mr.M.Jerin Mathew For R1 & R2 : Mr.V.Nirmal Kumar, Government Advocate For R3 : No Appearance For R4 : Mr.D.Senthil

ORDER

[Order of the Court was made by R.MAHADEVAN, J.] Challenging the eviction notice dated 06.09.2022 issued by the 2nd respondent under Section 7 of the Tamil Nadu Land Encroachment Act, 1905, this Writ Petition is filed with a consequential direction to forbear the respondents from interfering with the peaceful conduct of the petitioner's Aavin business in Survey Nos.400/11 and 400/12 at Kakkoor Village and Post, Mudukulathur Taluk, Ramanathapuram District.

2.Today, when the matter was taken up for hearing, the learned Government Advocate for the respondents 1 and 2 has produced a communication of the 2nd respondent dated 10.11.2022 in Na.Ka.B1/407/2022, sent to the 3rd respondent and submitted the land in Survey No.400/9 has been allotted to install the Aavin Booth.

3.The aforesaid communication and submission made by the learned Government Advocate for the respondents 1 and 2 are not refuted by the learned counsel for the petitioner.

4.In view of the above, this Writ Petition stands closed, leaving it open to the petitioner to approach the 3rd respondent to work out his remedy in the manner known to law. No costs. Consequently, connected miscellaneous petition is closed.

[R.M.D., J.] & [J.S.N.P., J.] 16.11.2022 (1⁄2) Index : Yes / No Internet : Yes / No Myr

To 1.The Revenue Divisional Officer, Revenue Divisional Office, Paramakudi, Ramanathapuram District.

2.The Tahsildar, Mudukulathur Taluk Office, Mudukulathur Taluk, Ramanathapuram District.

Tuticorin-628 101.

R.MAHADEVAN , J.

AND J.SATHYA NARAYANA PRASAD, J.

Myr W.P.(MD)No.22345 of 2022 16.11.2022 (1⁄2)