K.Iyyadurai,S/O.Kuttykan Nadar v. The Executive Engineer,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.12.2024

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD).Nos.22405 and 22406 of 2018 K.Iyyadurai, Represented by his Power Agent, T.Rethinamani.

... Petitioner Vs.

1.The Executive Engineer, Nagercoil, Kanyakumari District.

2.The Assistant Director (Survey), Collector Office, Nagercoil, 3.The Assistant Executive Engineer, Thuckalay, Kanyakumari District.

4.The Commissioner, Padmanabapuram Municipality,

5.The Tahsildar, Kalkulam Taluk, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, forbearing the respondents from initiating any coercive action based on the notice of the 3rd respondent dated 23.11.2018 without following the due process of law by conducting proper survey and fixing the definite boundary of the property in Survey Nos.B8-191/1 and B8-189 of Thuckalay Village, Kalkulam Taluk, Kanyakumari District as well as marking the exact encroachment by considering the representation of the petitioner dated 10.12.2018.

For Petitioner : Mr.S.C.Herold Singh For Respondents : Mr.S.Shaji Bino Special Government Pleader

ORDER

(Order of the Court was made by M.S.RAMESH,J.) The present Writ Petition is filed for Mandamus, forbearing the respondents from initiating any coercive action based on the notice of the 3rd respondent dated 23.11.2018, without following the due process of law by conducting proper survey and fixing the definite boundary of the property in Survey No.B8-191/1 and B8-189 of Thuckalay Village, Kalkulam Taluk,

Kanyakumari District as well as marking the exact encroachment by considering the representation of the petitioner dated 10.12.2018.

2. The prayer in the present Writ Petition has become infructuous since the respondents herein, had already sealed the premises in Survey Nos.B8-191/1 and B8-189 of Thuckalay Village, Kalkulam Taluk, Kanyakumari District, after following due process of law.

3. Accordingly, the Writ Petition stands closed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. (M.S.R.,J.) (A.D.M.C.,J.) 11.12.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm To 1.The Executive Engineer, Nagercoil, Kanyakumari District.

2.The Assistant Director (Survey), Collector Office, Nagercoil,

3.The Assistant Executive Engineer, Thuckalay, Kanyakumari District.

4.The Commissioner, Padmanabapuram Municipality, 5.The Tahsildar, Kalkulam Taluk,

M.S.RAMESH,J.

and A.D.MARIA CLETE,J.

Lm 11.12.2024