Case Note & Summary
The petitioner filed a writ petition under Article 226 of the Constitution of India seeking a mandamus to direct the 5th respondent (Executive Officer, Kannampalayam) to remove encroachment made by the 7th respondent (Chairman, RVS College) on Eetterai/Wested Poramboke Land comprised in S.No.151/1 situated at Kannampalayam, Sulur, Coimbatore. The petitioner relied on directions issued by the 2nd respondent (Assistant Director, Panchayat) vide proceedings dated 16.04.2018 and by the 4th respondent (Tahsildar) vide proceedings dated 08.10.2021. During the hearing, the counsel for the 7th respondent submitted that the encroachment had already been removed. The counter statement filed by the 5th respondent in 2023 also reflected that action had been taken to remove encroachments. The court noted that since the encroachment had already been removed, no further consideration was required. Accordingly, the writ petition was closed without any order as to costs.
Headnote
A) Public Law - Mandamus - Encroachment on Poramboke Land - Removal of Encroachment - Writ petition filed seeking direction to remove encroachment on Eetterai/Wested Poramboke Land - During pendency, encroachment was removed by the respondent - Court held that no further consideration required and closed the petition - Held that writ petition becomes infructuous once the relief sought is already complied with (Paras 2-3).
Issue of Consideration
Whether the writ petition seeking removal of encroachment on poramboke land survives when the encroachment has already been removed.
Final Decision
The writ petition is closed as no further consideration is required since the encroachment has already been removed. No costs.
Law Points
- Mandamus
- Encroachment
- Poramboke Land
- Removal of Encroachment
- Writ Petition becomes infructuous
Case Details
S. M. Subramaniam, C. Kumarappan
MS.B.DHARANI FOR MR.K.Myilsamy for Petitioner; MR.T.ARUN KUMAR, AGP for R1 to R4 & 6; MR.P.BALATHANDAYUTHAM for R5; MR.KRISHNAN FOR M/S.ISAAC CHAMBERS FOR R7
Kovai Maniarasu @ C.Manokaran
The District Collector, Coimbatore; The Assistant Director (Panchayat), Coimbatore; The Revenue Divisional Officer, South Coimbatore; The Tahsildar, Sulur; The Executive Officer, Kannampalayam; The Block Development Officer, Kannampalayam; The Chairman, RVS College
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking a mandamus for removal of encroachment on poramboke land.
Remedy Sought
Petitioner sought direction to the 5th respondent to remove encroachment made by the 7th respondent on Eetterai/Wested Poramboke Land.
Filing Reason
Alleged encroachment by the 7th respondent on poramboke land despite directions from authorities.
Previous Decisions
Directions issued by the 2nd respondent vide proceedings dated 16.04.2018 and by the 4th respondent vide proceedings dated 08.10.2021.
Issues
Whether the writ petition survives when the encroachment has already been removed.
Submissions/Arguments
Counsel for the 7th respondent submitted that encroachment has already been removed.
Counter statement of the 5th respondent (2023) reflected action taken to remove encroachments.
Ratio Decidendi
A writ petition seeking removal of encroachment becomes infructuous if the encroachment is already removed during the pendency of the petition, and no further orders are required.
Judgment Excerpts
Since encroachment has already been removed, no further consideration required in the matter.
Accordingly, the present Writ Petition is closed. No costs.
Procedural History
The writ petition was filed in 2022. During pendency, the 5th respondent filed a counter statement in 2023 indicating removal of encroachments. At the hearing on 16-02-2026, the 7th respondent's counsel confirmed removal. The court closed the petition.
