Baghirathy M v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.12.2022

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.28570 of 2022 and W.M.P.(MD)No.22566 of 2022 M.Baghirathy ... Petitioner -Vs1.The District Collector, Madurai District, Madurai.

2.The Commissioner, Madurai Municipal Corporation, Madurai.

3.The Commissioner of Police, Madurai City, Madurai.

4.The Chief Engineer, Public Works Department, Thallakulam, Madurai-625 002.

5.The Tahsildar, Madurai South Taluk, Madurai.

6.The Inspector of Police, C2 Subramaniapuram Police Station, Madurai City.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents 1 to 6 from demolishing the petitioner's godown situated in Survey No.425/4 of Madakulam Village, Madurai South Taluk, Madurai District except under due process of law. For Petitioner : Mr.V.Sasikumar For R1, R4 & R5 : Mr.K.Balasubramani, Additional Government Pleader For R2 : Mrs.S.Devasena, Standing Counsel For R3 & R6 : Mr.S.Manikandan, Government Advocate (Crl.Side)

ORDER

[Order of the Court was made by D.KRISHNAKUMAR, J.] This Writ Petition is filed, seeking issuance of a Writ of Mandamus, to forbear the respondents from demolishing the petitioner's godown situated in Survey No.425/4 of Madakulam Village, Madurai South Taluk, Madurai District except under due process of law.

2.Mr.K.Balasubramani, learned Additional Government Pleader takes notice for the respondents 1, 4 and 5, Mrs.S.Devasena, learned Standing Counsel takes notice for the 2nd respondent and Mr.S.Manikandan, learned Government Advocate (Crl.Side) takes notice for the respondents 3 and 6. 3.By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

4.Today, when the matter was taken up for admission, the learned Additional Government Pleader for the respondents 1, 4 and 5, on instructions, submitted that the Assistant Engineer, Vaigai Division, Madurai, has informed

that as alleged by the petitioner, the officials of the Revenue Department have not initiated any action with regard to the removal of the petitioner from the property in question.

5.In view of the above, no further order is required in this Writ Petition. Therefore, recording the aforesaid submission made by the learned Additional Government Pleader, this Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. [D.K.K., J.] & [R.V., J.] 19.12.2022 Index : Yes / No Internet : Yes / No Myr Note: Issue Order copy on 19.12.2022.

To 1.The District Collector, Madurai District, Madurai.

2.The Commissioner of Police, Madurai City, Madurai.

3.The Chief Engineer, Public Works Department, Thallakulam, Madurai-625 002.

4.The Tahsildar, Madurai South Taluk, Madurai.

5.The Inspector of Police, C2 Subramaniapuram Police Station, Madurai City.

D.KRISHNAKUMAR, J.

AND R.VIJAYAKUMAR , J.

Myr W.P.(MD)No.28570 of 2022 19.12.2022