The petitioner challenged eviction proceedings from encroached land under the Tamil Nadu Land Encroachment Act. The court noted that a report confirmed the encroachment was already removed in 2010. The petition was dismissed as infructuous.
Writ petition dismissed as having become infructuous due to removal of encroachment in 2010.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 17.06.2019
CORAM
THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM
W.P.No.22078 of 2009
and
M.P.No.1 of 2009
A.Poongundran ... Petitioner
Vs.
1. The District Collector,
Nagapattinam District,
Nagapattinam.
2. The Tahsildar,
Vedaranyam Taluk,
Nagapattinam District.
3. The Superintendent Engineer,
Highways Department,
Nagpattinam,
Nagapattinam District.
4. The Assistant Engineer,
Highways Department,
Vedaranyam,
Nagapattinam District.
... Respondents
Writ Petitions filed under Article 226 of the
Constitution of India, praying to issue a writ of Mandamus,
forbearing the respondents from evicting the petitioner
from the premises bearing door No.4/311, comprised in
Survey No.113, Ayyakkaranpulam III – Village, Vedaranyam
Taluk, Nagapattinam District without following the
procedures under the Tamil Nadu Land Encroachment Act, 1905.
For Petitioner : Mr.V.Kasinathabharathi
For Respondents : Mr.A.N.Thambidurai
Special Government Pleader
O R D E R
The prayer in the Writ Petition is to issue a Writ of Mandamus forbearing the respondents from evicting the petitioner from the premises bearing door No.4/311,
comprised in Survey No.113, Ayyakkaranpulam III -Village Vedaranyam Taluk, Nagapattinam District.
1 issue framed by the court
Whether the writ petition seeking prohibition on eviction proceedings remains maintainable after the encroachment was removed in 2010.
2 provisions across 2 enactments
A.Poongundran
The District Collector, Nagapattinam District
The Tahsildar, Vedaranyam Taluk
The Superintendent Engineer, Highways Department
The Assistant Engineer, Highways Department, Vedaranyam
K.KALYANASUNDARAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
