R.Chithiraisamy v. The District Collector

ORDER (Order of the Court was made by D. KRISHNAKUMAR, J.) The prayer in this Writ Petition is seeking for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to remove the encroachment made by the respondents 3 and 4 in Survey No.805/15, Namanasamuthiram Kudiyiruppu, Thekkatur Village, Thirumayam Taluk, Pudukottai District, which is classified as public pathway and restore the said pathway for the effective usage of Villagers to freely access the agricultural lands of Villagers by considering the petitioner's representation, dated 01.08.2022.

2.Today, when the matter is taken up for hearing, the learned Additional Government Pleader appearing for the respondents 1 and 2, on instructions, submitted that the encroachments, as projected by the petitioner, have been removed and to that effect, he has also produced a copy of the proceedings in Na.Ka.No.74/2023/A2, dated 01.03.2023, issued by the second respondent, before this Court and he further submitted that nothing survives for adjudication in the present Writ Petition.

3.Recording the abovesaid submission, this Writ Petition is dismissed as infructuous. No costs. [D.K.K.,J.] [L.V.G.,J.]

01.03.2023 NCC : Yes / No Index : Yes / No Internet : Yes ps To

1.The District Collector, Pudukottai District, Pudukottai.

2.The Tahsildar, Thirumayam Taluk, Pudukottai District, Pudukottai. W.P(MD)No.3480eofe2023 D.KRISHNAKUMAR ,J. and L.VICTORIA GOWRI,J. ps DATED : 01.03.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.03.2023 CORAM: THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI R.Chithiraisamy ... Petitioner vs. 1.The District Collector, Pudukottai District, Pudukottai. 2.The Tahsildar, Thirumayam Taluk, Pudukottai District, Pudukottai. 3.Adaikan 4.Ramanathan ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to remove the encroachment made by the respondents 3 and 4 in Survey No.805/15, Namanasamuthiram Kudiyiruppu, Thekkatur Village, Thirumayam Taluk, Pudukottai District classified as public pathway and restore the said pathway for the effective usage of Villagers to freely access the agricultural lands of Villagers by considering the petitioner's representation, dated 01.08.2022. For Petitioner : Mr.M.Jegadeesh Pandian For RR 1 & 2 : Mr.M.Sarangan Additional Government Pleader