1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.11.2011 CORAM: THE HONOURABLE MR.JUSTICE K.CHANDRU Writ Petition (MD)No.59 of 2011 Dr.S.Venkatesh ... Petitioner Vs. 1.The Assistant Divisional Engineer, Highways Department, Police Station Road, Arasan Car Clinic Upstairs Sivakasi, Virudhunagar District. 2.The Assistant Engineer, Highways Department, Chairman Shanmugam Road, Sivakasi, Virudhunagar District. 3.Azhakar (R-3 impleaded as per order made in M.P.No.1 of 2011, dated 10.01.2011) ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to consider and pass order on the representation made by the petitioner, dated 30.08.2010 within the time that may be stipulated by this Court and consequently remove the mutton shop of occupier. For Petitioner : Mr.M.Vinoth Singh Misra For Respondents : Mr.T.S.Mohammed Mohideen, Additional Government Pleader. ORDER The petitioner is a Medical Practitioner having practice at Sivakasi he sent a representation, dated 30.08.2010 to the Assistant Divisional Engineer, Highways, Sivakasi. In that representation, he has stated that in the Sivakasi to Srivilliputhur Road, he owned a property and he intends to making use of the said property but before his property, there has been an encroachment and unauthorised use by putting debris and building materials and also an unauthorised mutton stall in the area and therefore, he is unable to enter into his property and he has requested the respondents to remove the said encroachment. 2.When the writ petition came up on 10.01.2011, this Court directed to take private notice to the third respondent. In the meanwhile, the alleged encroacher of the land was also impleaded as third respondent. 3.When the matter came up today, the Additional Government Pleader produced a copy of the communication sent by the first respondent to the Government Pleader stating that the encroachment in the Srivilliputhur Parthipanur Road at 17/8 in the petitioner's land wherein https://hcservices.ecourts.gov.in/hcservices/ 2 the third respondent is having a mutton stall was removed on 17.08.2011. Even the third respondent did not show any protest for the removal and as of now there is no encroachment found in the place. The copy of the said communication is also furnished to the learned counsel for the petitioner. Learned counsel for the petitioner is unable to controvert the said statement. But having regard to the written instructions furnished by the respondents produced by the Government Pleader, this Court has no hesitation to take the same on record. 4.In the light of the above said communication, nothing survives in this writ petition. Hence, the writ petition stands dismissed as infructuous. No costs. Sd/- Assistant Registrar (RTI) /True copy/ Sub Assistant Registrar To 1.The Assistant Divisional Engineer, Highways Department, Police Station Road, Arasan Car Clinic Upstairs Sivakasi, Virudhunagar District. 2.The Assistant Engineer, Highways Department, Chairman Shanmugam Road, Sivakasi, Virudhunagar District. +1CC TO THE SPECIAL GOVERNMENT PLEADER, SR.37559 Sms SR : 10.11.2011 : 2p/4c Writ Petition (MD)No.59 of 2011 01.11.2011 https://hcservices.ecourts.gov.in/hcservices/