G.Deva v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.01.2023

CORAM

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY G.Deva ...

Petitioner versus 1 The Commissioner Corporation of Chennai Rippon Buildings Poonamallee High Road, Chennai-600 003.

2 The Regional Deputy Commissioner Corporation of Chennai, Zone-8, No.36-B Pulla Avenue, Shenoy Nagar, Chennai-600 030.

3 The Zonal Officer, Corporation of Chennai Zone-10 No.117, NSK Salai, Kodambakkam, Chennai-24.

4 The Executive Engineer-I Corporation of Chennai Zone-10 No.117, NSK Salai, Kodambakkam, Chennai-24.

5 King Malaysian Hotel Rep. by its Proprietor Habib Mohamed No.135/39 Bakthavachalam Colony 1st Street Vadapalani Chennai-600 026.

...

Respondents

Prayer: Writ Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus directing respondents 1 to 4 to remove the encroachment made by the 5th respondent on the public Road at No.135/39, Bakthavachalam Colony 1st Street Vadapalani Chennai-600 026 by considering the petitioner's representation dated 26.10.2022.

For the Petitioner :

Mr.R.Jayaprakash For the Respondents :

Mr.A.Arun Babu, for respondents 1 to 4

ORDER

(Made by the Hon'ble Acting Chief Justice) The petitioner has come forward with this writ petition seeking a Writ of Mandamus directing respondents 1 to 4 to remove the encroachment made by the fifth respondent on the public Road at No.135/39, Bakthavachalam Colony, 1st Street, Vadapalani, Chennai600026, by considering the petitioner's representation dated 26.10.2022.

2. When the writ petition was taken up for consideration, the learned counsel appearing for the Chennai Corporation produced a copy of the notice issued to the fifth respondent to remove the encroachment within 15 days, failing which action will be taken for removing the encroachment.

3. Since the official respondents have issued notice to the fifth respondent for removal of encroachment, nothing remains for adjudication in this writ petition. Hence, the writ petition is closed. There will be no order as to costs.

(T.R., ACJ.) (D.B.C., J.) 20.01.2023 Index : Yes/No : Yes/No tar To 1 The Commissioner Corporation of Chennai, Rippon Buildings Poonamallee High Road, Chennai-600 003.

2 The Regional Deputy Commissioner Corporation of Chennai, Zone-8, No.36-B Pulla Avenue, Shenoy Nagar, Chennai-600 030.

3 The Zonal Officer Corporation of Chennai Zone-10 No.117, NSK Salai, Kodambakkam, Chennai-24.

4 The Executive Engineer-I Corporation of Chennai Zone-10 No.117, NSK Salai, Kodambakkam, Chennai-24.

T.RAJA, ACJ, and D.BHARATHA CHAKRAVARTHY, J.

(tar) 20.01.2023