Subramanian v. The Thasidar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.09.2024

CORAM:

THE HONOURABLE MR.D.KRISHNAKUMAR, THE ACTING CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ W.P.(MD)No.24537 of 2018 Subramanian ... Petitioner -Vs1.The Tahsildar, Karaikudi, Sivagangai District.

2.Karuthan ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to remove the encroachment made by the 2nd respondent in S.No.326/2 in Manachai Village, Kothari Group, Karaikudi Taluk, Sivagangai District so as to enable to construct new overhead water tank.

For Petitioner : Mr.RM.Arun Swaminathan For R1 : Mr.P.Thilakkumar, Government Pleader For R2 : Mr.G.Prabhu Rajadurai

ORDER

[Order of the Court was made by The Hon'ble The ACTING CHIEF JUSTICE] When the matter was taken up for hearing on 26.07.2024, it was reported that the 2nd respondent died. Therefore, in order to take steps, this matter was adjourned. Though the petitioner sought for a direction to remove the encroachment made by the 2nd respondent, till date, the petitioner has not taken any steps to implead the legal heirs of the deceased 2nd respondent,. Therefore, for not taking steps, this Writ Petition is dismissed. However, the petitioner is at liberty to file a fresh Writ Petition, if he is still being aggrieved. No costs. [D.K.K., A.C.J.] & [M.S.Q., J.] 06.09.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva To The Tahsildar, Karaikudi, Sivagangai District.

D.KRISHNAKUMAR, A.C.J.

AND MOHAMMED SHAFFIQ , J.

Yuva W.P.(MD)No.24537 of 2018 06.09.2024