D. Kanishkaran v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.03.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY D.Kanishkaran .. Petitioner vs 1.The Managing Director, Tamilnadu Housing Board, Nandanam, Chennai-600 035.

2.The Executive Engineer, Tamilnadu Housing Board, Korattur Division, Chennai-600 080.

3.The Block Development Officer, Thiruvallur Block at Ikkadu, Thiruvallur Taluk & District.

4.The Inspector of Police, Sevvapet Police Station, Thiruvallur Taluk & District.

5.Merry 6.Nithya .. Respondents

Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the 1st and 2nd respondents to take appropriate action against the respondents 5 and 6 in unauthorised encroaching upon the Tamilnadu Housing Board lands and constructing a building in the 8th Main Road - 5th Cross Street Junction, TNHB Quarters, Sevvapet Village, Thiruvallur Taluk & District and thereby direct the 1st respondent to demolish the unauthorised construction made by the 4th and 5th respondents so as to keep the free flow of the traffic to the Sevvapet Railway Station through K.T.J. Nagar Main Road.

For the Petitioner : Mr.A.R.Suresh For the Respondents : Mr.A.M.Ravindranath Jeyapaul for respondents 1 and 2 : Mr.T.K.Saravanan Government Advocate for respondents 3 and 4 : Mr.R.Dhanasekar for respondents 5 and 6

ORDER

(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.A.R.Suresh, learned counsel for the petitioner; Mr.A.M.Ravindranath Jeyapaul, learned counsel for respondents 1 and 2; Mr.T.K.Saravanan, learned counsel for respondents 3 and 4; and, Mr.R.Dhanasekar, learned counsel for

respondents 5 and 6.

2. The third respondent has filed a status report thereby accepting the exchange of land having taken place and the registration thereof. The status report further states that there is no road encroachment as alleged by the petitioner in the yellow marked portion.

3. As the exchange is already registered, the prayer made in the writ petition cannot be granted. It is for the aggrieved party to challenge the exchange as may be permissible under law.

4. The writ petition is disposed of accordingly. There shall be no order as to costs. Consequently, W.M.P.No.3740 of 2018 is closed. (S.V.G., CJ.) (D.B.C., J.) 07.03.2024 Index :

Yes/No :

Yes/No bbr

To 1.The Managing Director, Tamilnadu Housing Board, Nandanam, Chennai-600 035.

2.The Executive Engineer, Tamilnadu Housing Board, Korattur Division, Chennai-600 080.

3.The Block Development Officer, Thiruvallur Block at Ikkadu, Thiruvallur Taluk & District.

4.The Inspector of Police, Sevvapet Police Station, Thiruvallur Taluk & District.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.

bbr 07.03.2024