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Madras High CourtWP(MD)/7886/2015dismissed

Senthilkumar v. The District Collector

2023-08-11Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.08.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and M.P(MD)No.1 of 2015 Senthilkumar ... Petitioner Vs 1.The District Collector, Trichy District, Trichy.

2.The Commissioner, Vaiyampatti Panchayat Union, Vaiyampatti, Manapparai Taluk, Trichy District.

3.The Village Executive Officer, Vaiyampatti Panchayat Union, Vaiyampatti, Manapparai Taluk, Trichy District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records with respect to impugned notice dated 24.04.2015 issued by the second respondent 1/4

under section 5 of the Tamil Nadu Land Encroachment Act with respect of the property in Old Survey No.155/6C and New Survey No.548/10 measuring an extent of 5 cents situated at Vaiyampatti Village, Manapparai Taluk, Trichy District and to quash the same.

For Petitioner : No Appearance For Respondents : Mr.D.Gandhiraj Special Government Pleader

ORDER

None appears for the writ petitioner.

2. I went through the averments set out in the affidavit filed in support of the writ petition.

3. What is under challenge is only a notice. It is also seen that the petitioner had filed O.S.No.143 of 2015 on the file of the District Munsif Court, Manaparai. The outcome of the suit is not known. In any event having filed civil suit, the question of maintaining the writ petition parallelly does not arise at all.

4. The learned Special Government Pleader on instructions states that encroachments committed by the petitioner had already been removed. 2/4

5. This writ petition stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 11.08.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA To 1.The District Collector, Trichy District, Trichy.

2.The Commissioner, Vaiyampatti Panchayat Union, Vaiyampatti, Manapparai Taluk, Trichy District.

3.The Village Executive Officer, Vaiyampatti Panchayat Union, Vaiyampatti, Manapparai Taluk, Trichy District.

Copy to:

District Munsif Court, Manaparai.

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G.R.SWAMINATHAN, J.

MGA and M.P(MD)No.1 of 2015 11.08.2023 4/4