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Madras High CourtWP(MD)/24255/2022closed

Geo John P.J v. The District Collector

2022-11-09Honourable Mr Justice R. Mahadevan,Honourable Mr Justice J.Sathya Narayana Prasad6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN AND THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P.(MD)No.24255 of 2022 P.J.Geo John ... Petitioner -Vs1.The District Collector, Kanyakumari District, Nagercoil.

2.The District Revenue Officer, Kanyakumari District, Collectorate, Nagercoil.

3.The Revenue Divisional Officer, Padmanabhapuram Division, Thuckalay, Kanyakumari District.

4.The Tahsildar, Thiruvattar Taluk, Thiruvattar, Kanyakumari District.

5.The Block Development Officer, Thiruvattar Panchayat Union, Thiruvattar, Kanyakumari District.

6.The Executive Engineer, Water Resource Organization, Public Works Department, Nagercoil, Kanyakumari District.

7.The Village Administrative Officer, Aruvikarai Village, Aruvikarai Post, Kanyakumari District.

8.Chellappan 9.Godwin Prasad 10.Christy Bai 11.Ravichandran ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus(PIL), directing the 5th respondent to implement the order vide proceedings No.A1/1998/2020, dated 08.11.2021 passed by the 4th respondent and consequently, direct the 4th respondent to survey the encroachment land made by the private respondents 8 to 11 in Survey No.275/2 at Aruvikkarai Village, Thiruvattar Taluk, Kanyakumari District. For Petitioner : Mr.A.B.Jeeva For R1 to R4 : Mr.P.Thilak Kumar, Government Pleader For R5 : Mr.V.Nirmal Kumar, Government Advocate For R6 to R11 : No Appearance

ORDER

[Order of the Court was made by R.MAHADEVAN, J.] This Writ Petition is filed, seeking issuance of a Writ of Mandamus, to direct the 5th respondent to implement the order dated 08.11.2021 vide proceedings No.A1/1998/2020, passed by the 4th respondent and consequently, direct the 4th respondent to survey the land in Survey No.275/2 at Aruvikkarai Village, Thiruvattar Taluk, Kanyakumari District, which was encroached by the private respondents 8 to 11.

2.Today, when the matter was taken up for hearing, the learned Government Pleader appearing for the respondents 1 to 4 has produced the compliance report filed by the 1st respondent and submitted that pending writ petition, a survey has been conducted on 25.10.2022 in the place in question, wherein, certain encroachments were identified. Therefore, on that day itself, eviction notices were issued to the encroachers and in compliance of the same, the encroachers / the respondents 8 to 11 themselves removed the encroachments in the place in question on 27.10.2022 and as on date, no encroachment exists in the place in question.

3.The aforesaid submission and the compliance report filed by the 1st respondent have not been refuted by the learned counsel for the petitioner. 4.Recording the aforesaid submission and the compliance report filed by the 1st respondent, this Writ Petition stands closed. No costs. [R.M.D., J.] & [J.S.N.P., J.] 09.11.2022 Index : Yes / No Internet : Yes / No Myr

To 1.The District Collector, Kanyakumari District, Nagercoil.

2.The District Revenue Officer, Kanyakumari District, Collectorate, Nagercoil.

3.The Revenue Divisional Officer, Padmanabhapuram Division, Thuckalay, Kanyakumari District.

4.The Tahsildar, Thiruvattar Taluk, Thiruvattar, Kanyakumari District.

5.The Block Development Officer, Thiruvattar Panchayat Union, Thiruvattar, Kanyakumari District.

R.MAHADEVAN , J.

AND J.SATHYA NARAYANA PRASAD, J.

Myr W.P.(MD)No.24255 of 2022 09.11.2022