M.Mari v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.08.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN W.P.(MD)No.7901 of 2011 and M.P.(MD).No.1 of 2011 M.MARI ... PETITIONER Vs 1 THE DISTRICT COLLECTOR RAMANATHAPURAM RAMANATHAPURAM DISTRICT.

2 THE SUPERINTENDENT OF POLICE RAMANATHAPURAM DISTRICT RAMANATHAPURAM.

3 THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT EDUCATIONAL DIVISION RAMANATHAPURAM RAMANATHAPURAM DISTRICT.

4 THE TAHSILDAR KAMUTHI TALUK RAMANATHAPURAM RAMANATHAPURAM DISTRICT.

5 THE PRESIDENT MUDALIAR PUDUKULAM PANCHAYAT KAMUTHI TALUK, RAMANATHAPURAM DISTRICT.

: RESPONDENTS Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus (a) directing the respondents 1 to 4 herein to prevent the 5th respondent from widening the Pudukulam Kanmai and thereby encroaching the lands belonging to Erumaikulam Panchayat and damaging the villages of Pottelpatti, Krumaikadu and Erumaikulam Villages and to grant an order of temporary injunction restraining the fifth respondent from widening the Pudukulam Kanmai and thereby encroaching the lands belonging to Erumaikulam Panchayat and damaged in the villagers of Pottelpatti, Krumaikadu and Erumaikulam Villages.

For Petitioner : Mr.A.V.Arun For R.1,3&4 : Mr.D.Muruganandham Additional Government Pleader https://hcservices.ecourts.gov.in/hcservices/ *******

ORDER

The petitioner filed this Writ Petition for issuance of a Writ of Mandamus to prevent the fifth respondent from widening Pudukulam Kanmai.

2.

When the matter was taken up for consideration, learned Government Advocate submitted that proceedings were initiated earlier under Section 107 Criminal Procedure Code. There is no unauthorised action on the part of the fifth respondent for widening Pudukulam Kanmai. In view of the same, nothing survives for adjudication. It is open to the petitioner to file a fresh Writ Petition, in case of survival of cause of action. 3.

The Writ Petition is closed with the above observation. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(T&P) /True Copy/ Sub-Assistant Registrar To 1 THE DISTRICT COLLECTOR RAMANATHAPURAM, RAMANATHAPURAM DISTRICT.

2 THE SUPERINTENDENT OF POLICE RAMANATHAPURAM DISTRICT , RAMANATHAPURAM.

3 THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT EDUCATIONAL DIVISION RAMANATHAPURAM, RAMANATHAPURAM DISTRICT.

4 THE TAHSILDAR KAMUTHI TALUK RAMANATHAPURAM RAMANATHAPURAM DISTRICT.

5 THE PRESIDENT MUDALIAR PUDUKULAM PANCHAYAT, KAMUTHI TALUK, RAMANATHAPURAM DISTRICT.

+One cc to The Special Government Pleader, SR.No.49127 ssm RL/7C/2P/CK/19/9/2016 W.P.(MD)No.7901 of 2011 https://hcservices.ecourts.gov.in/hcservices/ 31.08.2016