Velugopalapuram & Natesan Ngr v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.02.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.VENUGOPAL AND THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.9790 of 2017 and W.M.P.No.10779 of 2017 Venugopalapuram & Natesan Nagar House and Plot Owners Welfare Sangam, Rep. by its Secretary A.Govindaraj .. Petitioner Vs.

1. The Government of Tamil Nadu, Represented by its Secretary, Housing and Urban Development Department, Secretariat, Chennai-600 009.

2. The District Collector, Kanchipuram.

3. The Commissioner, Kundrathur Panchayat Union, Padappai, Kanchipuram District-601 301.

4. The Special Officer-cum-Secretary, Iyyappanthangal Panchayat, Iyyappanthangal, Chennai-600 056.

5. Mr.K.V.Babu Naidu .. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the second, third and fourth respondents-authorities to remove the car shed constructed by the fifth respondent by encroaching and blocking the public road i.e. Venugopalapuram Main Road and restore the road for public use.

(Prayer amended as per order dated 10.01.2018 in W.M.P.No.782 of 2018 in W.P.No.9790 of 2017)

For petitioner : Mr.R.Arumugam For respondents: Mr.R.Udhaya Kumar, Addl.G.P. for RR-1 and 2 Mr.R.A.S.Senthilvel for RR-3 and 4 Mr.M.R.Gokulkrishnan for R-5

ORDER

(The Order of the Court was made by M.Venugopal, J) It is represented on behalf of the fifth respondent that the fifth respondent has removed the encroachment in question on his own. This fact is not disputed by the learned counsel for the petitioner and in reality, learned counsel for the petitioner has not controverted the aspect of removal of encroachment made by the fifth respondent on his own. In view of the fact that the fifth respondent has removed the unauthorised blockage of the public road, this Court holds that nothing further survives for adjudication in the present Writ Petition. Accordingly, the Writ Petition is closed. No costs. Consequently, W.M.P. is closed. Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar cs To

1. The Government of Tamil Nadu, Represented by its Secretary, Housing and Urban Development Department, Secretariat, Chennai-600 009.

2. The District Collector, Kanchipuram.

3. The Commissioner, Kundrathur Panchayat Union, Padappai, Kanchipuram District-601 301.

4. The Special Officer-cum-Secretary, Iyyappanthangal Panchayat, Iyyappanthangal, Chennai-600 056.

+ 1 cc to Mr.R.Arumugam Advocate,SR.10817 + 1 cc to M/s.K.Rajasekaran Advocate,SR.10921 + 1 cc to The Govt.Pleader, SR.11182 W.P.No.9790 of 2017 nr 27/02/2018