Rep. By Its President ... vs The District Collector
2022 Latest Caselaw 14133 Mad

                                                                             W.A.No.3712 of 2019

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 08.08.2022

                                                         CORAM

                                       THE HONOURABLE MR.JUSTICE T.RAJA
                                                     AND
                                  THE HONOURABLE MR.JUSTICE K.KUMARESH BABU

                                                 W.A.No.3712 of 2019

                     Co-operative Nagar Residents
                       Welfare Association,
                     Regd. No.59/2006
                     Rep. by its President Mr.A.Selvaraj,
                     13, Co-operative Nagar,
                     Tiruvarur Collectorate-610 004,
                     Tiruvarur District.                                  ... Appellant

                                                        Vs.

                     The District Collector,
                     Tiruvarur District.                                   ... Respondent


                     Prayer:         Writ Appeal filed under Clause 15 of the Letter Patent Act,

                     to set aside the order passed by this Court in W.P.No.30289 of

                     2018 dated 28.11.2018.



                                      For Appellant     :     Ms.S.Mahalakshmi

                                      For Respondent    :     Mr.V.Manoharan, AGP




                     1


https://www.mhc.tn.gov.in/judis
                                                                                W.A.No.3712 of 2019

                                                     JUDGMENT

(Judgment of the Court was made by T.RAJA , J.)

Co-operative Nagar Residents Welfare Association bearing

Registration No.59/2006, represented by its President

Mr.A.Selvaraj, Tiruvarur Collectorate, Tiruvarur District has brought

this appeal, challenging the impugned order dated 28.11.2018

passed in W.P.No.30289 of 2018, wherein this Court taking note of

the fact that the Committee was already constituted and a report in

regard to the same was filed before the District Collector, Tiruvarur,

has dismissed the Writ Petition by holding that no further

adjudication was required in the Writ Petition, as the petitioner has

prayed for a Writ of Mandamus, directing the respondent to

nominate a senior officer for complying the order passed by this

Court in W.P.23069 of 2007 dated 27.11.2015.

2. Heard the learned counsel on both sides.

3. When the matter was taken up, Mr.V.Manoharan, learned

Additional Government Pleader placing on record of the letter dated

12.07.2022 addressed to him by the District Collector, Tiruvarur

https://www.mhc.tn.gov.in/judis W.A.No.3712 of 2019

submitted that as per the order dated 27.11.2015 passed in

W.P.23069 of 2007, a Committee was constituted headed by the

District Revenue officer, who has also conducted an enquiry and

submitted a report before the District Collector, Tiruvarur. As per

the report, the park earmarked in the approved lay out measuring

an extent 1,31,460 sq. feet is neither been encroached nor sold

away to any one.

4. Accepting the submissions made by the learned Additional

Government Pleader, the Writ Appeal stands dismissed. There shall

be no orders as to costs.

                                                                    (T.R., J.)     (K.B., J.)


                                                                         08.08.2022
                     Index:Yes/No
                     Order:Speaking/Non Speaking

                     DP
                     To

                     The District Collector,
                     Tiruvarur District.

https://www.mhc.tn.gov.in/judis W.A.No.3712 of 2019

T.RAJA, J.

and K.KUMARESH BABU, J.

DP

JUDGMENT MADE IN

W.A.No.3712 of 2019

08.08.2022

https://www.mhc.tn.gov.in/judis