S.Shanmugha Sundaram v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.04.2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD 1.S.SHANMUGHA SUNDARAM 2.S.CHANDRAN 3.V.MOHAN 4.A.ABBAS : Petitioners versus 1.THE COMMISSIONER KUNDRATHUR MUNICIPALITY NO.1, LALA CHAITRAM ROAD KUNDRATHUR CHENNAI - 600 069 KANCHIPURAM DISTRICT.

2.THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT KANCHEEPURAM DISTRICT.

3.THE INSPECTOR OF POLICE T-5 KUNDRATHUR POLICE STATION KUNRATHUR CHENNAI- 600 126.

4.K.MOHAN KUMAR : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing respondents 1 and 2 to remove the obstructions put up by the 4th respondent on the 40 Feet Road in S.No. 383 which is common to all the plot owners of Mahalakshmi Avenue comprised in T.S.No.384/2, Thirumudivakkam Village, Sriperumbadur Taluk Kanchipuram

District so that the said plot owners have free ingress and egress from the existing 30 feet and 40 feet road abetting Mahalakshmi Avenue leading to Thirumudivakkam - Pallavaram Main Road with the help of 3rd respondent Police and restore the 40 feet road as it was before the obstruction. For Petitioners :

Mr.V.Raghavachari, Senior Counsel for M/s.Sampathkumaar and Associates For Respondents 1,2 :

Mr.A.Edwin Prabhakar, State Government Pleader assisted by Mr.K.Karthik Jagannath, Government Advocate For Respondent No.3 :

Mr.R.Muniyapparaj, Additional Public Prosecutor, assisted by Mr.M.Sylvester John R-4 ::

Not ready in notice

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.V.Raghavachari, learned Senior Counsel for the petitioners, Mr.A.Edwin Prabhakar, learned State Government Pleader for respondents 1 and 2 and Mr.R.Muniyapparaj, learned Additional Public Prosecutor for the third respondent.

2. Mr.V.Raghavachari, learned Senior Counsel for the petitioners submits that after the issuance of notice in the present petition, the official respondents have removed the obstruction put up by the fourth

respondent and the fourth respondent has also gifted the property to the Planning Authority.

3. In view of that, the purpose of the writ petition now does not survive. The writ petition is disposed of. There shall be no order as to costs. WMP No.288 of 2024 filed to permit the petitioners to file a single writ petition is allowed and disposed of. WMP Nos.290 and 292 of 2024 are closed.

(S.V.G., CJ.) (J.S.N.P., J.) 18.04.2024 Index : Yes/No : Yes/No tar To 1.THE COMMISSIONER KUNDRATHUR MUNICIPALITY NO.1, LALA CHAITRAM ROAD KUNDRATHUR, CHENNAI - 600 069 2.THE EXECUTIVE ENGINEER P.W.D., KANCHEEPURAM DISTRICT.

3.THE INSPECTOR OF POLICE T-5 KUNDRATHUR POLICE STATION KUNRATHUR CHENNAI- 600 126.

THE HON'BLE CHIEF JUSTICE AND J.SATHYA NARAYANA PRASAD, J.

(tar) 18.04.2024