V.Selvam, S/O.Veeranan, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.08.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.S. SUNDAR and THE HONOURABLE MRS.JUSTICE S.SRIMATHY 1.V.Selvam 2.Jaya ... Petitioners Vs.

1.The District Collector, Dindigul District.

2.The Tahsildar, Natham Division, Dindigul District.

3.The Zonal Surveyor, Reddiyapatti, Dindigul District.

4.The Block Development Officer, Natham Division, Dindigul District.

5.Raja 6.VEllaithai R5 and R6 are impleaded vide Court order dated 14.11.2017 in W.M.P.(MD).No.

17179 of 2017.

... Respondents 1/5

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the fourth respondent to remove the encroachment in the common road which is the only connecting road to land in Survey No.312/3E3 and other adjacent lands situated in Pudur Village, Natham Taluk, Dindigul District.

For Petitioners : Mr.G.Thiruvarutselvan For R1 to R4 : Mr.S.P.Maharajan Special Government Pleader

O R D E R

(Order of the Court was made by S.S.SUNDAR.J.,) This Writ Petition is filed for issuance of a Writ of Mandamus, directing the fourth respondent to remove the encroachment in the common road, which is the only connecting road to land in Survey No.312/3E3 and other adjacent lands situated in Pudur Village, Natham Taluk, Dindigul District.

2. Heard Mr.G.Thiruvarutselvan, learned counsel for the petitioners and Mr.S.P.Maharajan, learned Special Government Pleader appearing for the respondents 1 to 4.

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3. The encroachment according to the petitioners is in Survey No. 446/2. It appears that the encroachment is in the common pathway, which would disable the petitioners to have free access from their residential houses.

4. The learned Special Government Pleader appearing for the respondents 1 to 4 on instructions submitted that the encroachment was putting up a temporary bathroom in the middle of the pathway and that the same was removed after following due process.

5. Considering the facts submitted by the learned Special Government Pleader, the prayer sought for in this Writ Petition has become infructuous. Accordingly, this Writ Petition is dismissed as infructuous. No costs.

[S.S.S.R.J.,] [S.S.Y.J.,] 23.08.2022 Index : Yes / No Internet: Yes / No akv 3/5

To 1.The District Collector, Dindigul District.

2.The Tahsildar, Natham Division, Dindigul District.

3.The Zonal Surveyor, Reddiyapatti, Dindigul District.

4.The Block Development Officer, Natham Division, Dindigul District.

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S.S. SUNDAR,J., and S.SRIMATHY,J., akv 23.08.2022 5/5