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Madras High CourtWP(MD)/14904/2011dismissed as infructuous

Esakki, S/O. Ramasamy, v. The Assistant Divisional

2017-09-20Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.14904 of 2011 and M.P.(MD)No.1 of 2011 Esakki

...Petitioner

-Vs1. The Assistant Divisional Engineer, (Highways), Tenkasi, Tirunelveli District.

2. The Divisional Engineer, (Highways), Tirunelveli, Tirunelveli District.

3. Land Acquisition Officer & Revenue Divisional Officer, Tenkasi,Tirunelveli District.

4. The District Collector, Tirunelveli District, Tirunelveli.

...Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, forbearing the respondents from interfering with the petitioner's possession and enjoyment of the House Building bearing door Number 126 C in Railway Feeder Road, Tenkasi, Tirunelveli District. For Petitioner : Mr.V.Kannan For Respondents : Mr.A.Muthu Karuppan Additional Government Pleader **********

O R D E R

This petitioner seeks a Writ of Mandamus, forbearing the respondents from interfering with the petitioner's possession and enjoyment of the House Building bearing door Number 126 C in Railway Feeder Road, Tenkasi, Tirunelveli District.

2. Heard Mr.V.Kannan, learned counsel for the petitioner and Mr.A.Muthu Karuppan, learned Additional Government Pleader for the respondents and perused the records.

https://hcservices.ecourts.gov.in/hcservices/

3. The learned counsel for the petitioner would submit that apprehending formation of a road in the land of the petitioner, the petitioner has come up with this writ petition and also got an interim injunction. It also further submitted that the respondents have already formed road without encroaching land of the petitioner and hence this writ petition has become infructuous.

4. In view of the above submission, this Writ Petition is dismissed as infructuous. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar To

1. The Assistant Divisional Engineer, (Highways),Tenkasi, Tirunelveli District.

2. The Divisional Engineer, (Highways), Tirunelveli, Tirunelveli District.

3. Land Acquisition Officer & Revenue Divisional Officer, Tenkasi,Tirunelveli District.

4. The District Collector, Tirunelveli District, Tirunelveli.

+1cc to Mr.V.Kannan, Advocate Sr.No.80000 +1cc to Spl.Government Pleader Sr.No.80360 SM VB/KP/SAR2/06/10/2017/2P/7C W.P.(MD)No.14904 of 2011 20.09.2017 https://hcservices.ecourts.gov.in/hcservices/