Madras High CourtWP(MD)/1139/2017dismissed as infructuous

Ponnupandi, S/O.Palanivel v. The District Collector

2023-01-02Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.1139 of 2017 Ponnupandi ... Petitioner -Vs1.The District Collector, Office of the District Collector, Madurai District, Madurai.

2.The Commissioner, Madurai Municipal Corporation, Anna Maligai, Madurai.

3.The Tahsildar, Office of the Tahsildar, Madurai South, Madurai.

4.K.Jeyakodi 5.J.Nesam Jayavathi ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to remove the encroachments made by the respondents 4 and 5 on the public pathway on the basis of the proceedings in Mathi4/21256/2014, dated 15.12.2015 within the time stipulated by this Court.

For Petitioner : Mr.S.Malaikani For R1 & R3 : Mr.K.Balasubramani, Special Government Pleader For R2 : Mr.R.Murali For R4 : Mr.K.Karthick For R5 : Mr.H.Arumugam

ORDER

[Order of the Court was made by D.KRISHNAKUMAR, J.] This Writ Petition is filed, seeking issuance of a Writ of Mandamus, directing the respondents to remove the encroachments made by the respondents 4 and 5 on the public pathway on the basis of the proceedings in Mathi4/21256/2014, dated 15.12.2015, within the time stipulated by this Court.

2.Today, when the matter was taken up for hearing, the learned Special Government Pleader for the respondents 1 to 3 submitted that pursuant to the interim order of this Court dated 18.07.2017, the District Revenue Officer, Madurai has passed an order dated 18.08.2017, directed the 3rd respondent to send necessary proposals for making change of classification of the disputed land into patta land after making necessary survey. Therefore, nothing survives for further adjudication in this Writ Petition. 3.In view of the above, recording the aforesaid submission made by the learned Special Government Pleader for the respondents 1 to 3, this Writ Petition stands dismissed as infructuous. No costs. [D.K.K., J.] & [R.V., J.] 02.01.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No MYR

D.KRISHNAKUMAR, J.

AND R.VIJAYAKUMAR , J.

MYR To 1.The District Collector, Office of the District Collector, Madurai District, Madurai.

2.The Tahsildar, Office of the Tahsildar, Madurai South, Madurai.

W.P.(MD)No.1139 of 2017 02.01.2023