2026 Supreme(Online)(Mad) 86093
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
M. Dhandapani, N. Dilip Kumar, JJ
K.M. Gunasekaran – Appellant
Versus
District Collector – Respondent
W.P.(MD)No.2834 of 2023|W.P.(MD)No.2835 of 2023|W.P.(MD)No.2836 of 2023|W.P.(MD)No.2837 of 2023|W.P.(MD)No.2838 of 2023|W.P.(MD)No.2470 of 2023
For the Appellants/Petitioners: M. Venkatesan
For the Respondents: M. Mahaboob Athiff
Writ petitions challenging eviction proceedings are closed when the respondents demonstrate that the encroachments have already been evicted following the due process of law.
Headnote:(A) Eviction of Encroachments - Due Process - Where the official respondents have already carried out the eviction of encroachments by following the due process of law, the writ petitions challenging such action are liable to be closed. (Para 2)
Issues: Whether the writ petitions challenging the eviction of encroachments can be maintained after the eviction has been completed following due process of law.
W.P.(MD)Nos.2834 to 2838 of 2023 and 2470 of 2023 and W.M.P.(MD).Nos.2624, 2626, 2635, 2636, 2639, 2641, 2628, 2630, 2629, 2631, 6671, 6574, 6359, 6663, 6680, 6230 and 2246 of 2023
W.P.(MD).No.2834 of 2023
K.M.Gunasekaran : Petitioner
Vs.
1.The District Collector, O/o.The District Collectorate, Madurai-625 020.
2.The Tahsildar, West Taluk Office, Madurai West, Virattipathu,Madurai District.
3.The Block Development Officer, Thiruparankunram Panchayat Union, Thirunagar Office, Madurai-625 006.
4.Karadipatti Village Panchayath, Rep by its President,Karadipatti Village, Madurai District.
5.Karadipatti Village Panchayath, Rep by its the Executive Officer,Karadipatti Village, Madurai District.
6. Inbam.M : Respondents
Prayer: This petition filed under Article 226 of the Constitution of India to issue a writ of Certiorarified Mandamus, to call for the records pertaining to the proceedings of the second respondent in Na.Ka.No. 2420/2022/E dated 03.01.2023 and consequential proceedings of the third respondent made in Na.Ka.No. 642/2022 / Thiee.2 dated 04.01.2023 and consequently fourth and fifth respondents Resolution 168 dated 12.01.2023 and based on the resolution 168 consequential notice with regarded to 62 S.mtr issued by the 4th and 5th respondents to the petitioner and quash the same as illegal and consequentially directing the respondent Nos.1 to 5 not to disturb the petitioner's peaceful possession and enjoyment of the property situated in Old SF. No.41/1 subsequently changed as SF No.41/191A1A1A, New SF.No.41/19A1A, situated at Karadipatti Village, Madurai West Taluk, Madurai to an extent of 62 S.Meterland.
For Petitioner : Mr.M.Venkatesan
For R-1 to R-3 : Mr.M.Mahaboob Athiff, Special Government Pleader
W.P.(MD).No.2835 of 2023
K.M.Gunasekaran : Petitioner
Vs.
1.The District Collector, O/o.The District Collectorate, Madurai-625 020.
2.The Tahsildar, West Taluk Office, Madurai West, Virattipathu,Madurai District.
3.The Block Development Officer,Thiruparankunram Panchayat Union, Thirunagar Office, Madurai-625 006.
4.Karadipatti Village Panchayath, Rep by its President,Karadipatti Village, Madurai District.
5.Karadipatti Village Panchayath, Rep by its the Executive Officer,Karadipatti Village, Madurai District.
6. Inbam.M : Respondents
Prayer: This petition filed under Article 226 of the Constitution of India to issue a writ of Certiorarified Mandamus, to call for the records pertaining to the proceedings of the second respondent in Na.Ka.No. 2420/2022/E dated 03.01.2023 and consequential proceedings of the third respondent made in Na.Ka.No. 642/2022 / Thiee.2 dated 04.01.2023 and consequently fourth and fifth respondents Resolution 168 dated 12.01.2023 and based on the resolution 168 consequential notice with regarded to 36 S.mtr issued by the 4th and 5th respondents to the petitioner and quash the same as illegal and consequentially directing the respondent Nos.1 to 5 not to disturb the petitioner's peaceful possession and enjoyment of the property situated in Old SF. No.41/1 subsequently changed as SF No.41/191A1A1A, New SF.No.41/19A1A, situated at Karadipatti Village, Madurai West Taluk, Madurai to an extent of 36 S.Meterland.
For Petitioner : Mr.M.Venkatesan
For R-1 to R-3 : Mr.M.Mahaboob Athiff, Special Government Pleader
W.P.(MD).No.2836 of 2023
K.M.Gunasekaran : Petitioner
Vs.
1.The District Collector, O/o.The District Collectorate, Madurai-625 020.
2.The Tahsildar, West Taluk Office, Madurai West, Virattipathu,Madurai District.
3.The Block Development Officer, Thiruparankunram Panchayat Union, Thirunagar Office, Madurai-625 006.
4.Karadipatti Village Panchayath, Rep by its President,Karadipatti Village, Madurai District.
5.Karadipatti Village Panchayath, Rep by its the Executive Officer,Karadipatti Village, Madurai District.
6. Inbam.M : Respondents
Prayer: This petition filed under Article 226 of the Constitution of India to issue a writ of Certiorarified Mandamus, to call for the records pertaining to the proceedings of the second respondent i