1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.09.2011 CORAM: THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P(MD)No.8108 of 2011 and M.P(MD)No.1 of 2011 Alagesan, Rep. by his power of attorney, A.Mani .. Petitioner Vs. 1.The District Collector, Theni District, Theni. 2.Cuddalore Municipality, Grade No.3, Rep. by his Executive Officer, Cuddalure, Theni District. 3.The Superintending Engineer, Public Works Department, Government of Tamil Nadu, Theni, Theni District. .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus forbearing the respondents from taking over the possession of the property bearing Survey No.2462/B measuring to an extent of 4 acres 57 cents and also 1 acre 52 cents in the western last side of south north range at Mela-cuddalore Village, Uthamapalayam Taluk, Theni District. For Petitioner : Mr.S.Palanivelayutham For R-1 and R-3 : Mr.M.Govindan, Special Govt. Pleader For R-2 : Mr.T.S.Mohamed Mohideen O R D E R This Writ Petition has been filed to forbear the respondents from taking over the possession of the property bearing Survey No.2462/B measuring to an extent of 4 acres 57 cents and also 1 acre 52 cents in the western last side of South North range at Mela-cuddalore Village, Uthamapalayam Taluk, Theni District. 2. Heard Mr.S.Palanivelayutham, learned counsel for the petitioner and Mr.M.Govindan, learned Special Government Pleader, who appears for R-1 and R-3 and Mr.T.S.Mohamed Mohideen, learned counsel, who appears for the second respondent. 3. The Writ Petition has been filed for a Mandamus to forbear the respondents from taking over the possession of the property. https://hcservices.ecourts.gov.in/hcservices/ 2 4. A detailed counter affidavit has been filed by the third respondent stating that the petitioner is an encroacher and the encroachment has been removed. 5. In view of the above, no further adjudication is required in this matter as the issue has become infructuous. However, the petitioner is given liberty to approach the appropriate forum if he so desires. 6. Giving liberty as above, the Writ Petition is disposed of. No Costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (AE) /True copy/ Sub Assistant Registrar(C.S) To 1.The District Collector, Theni District, Theni. 2.The Executive Officer, Cuddalure Municipality, Grade No.3, Cuddalure, Theni District. 3.The Superintending Engineer, Public Works Department, Government of Tamil Nadu, Theni, Theni District. +1. CC to Mr.S.Palanivelayutham, Advocate, SR.No. 32331 +1. CC to the Special Government Pleader, SR.No.32390 pm W.P.(MD)No.8108 of 2011 20.09.2011 TR :10.10.2011: 2P/6C https://hcservices.ecourts.gov.in/hcservices/