S.Shobana v. The District Collector

2025:MHC:1670

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.07.2025

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR and W.M.P.No.5872 of 2022 S.Shobana W/o.R.Ramakrishnan ... Petitioner vs.

1.

The District Collector Chennai District Rajaji Salai, Chennai-600 001.

2.

The Tashildar Mambalam - Guindy Taluk Chennai.

3.

The Executive Engineer Zone X, Greater Chennai Corporation No.117, N.S.K.Salai Kodambakkam, Chennai-600 024.

4.

R.Raghupathi S/o.Rathinam ... Respondents Page Nos.1/4

Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Certiorari, to call for the records of impugned notice No.Zone 10/2445/7/2021 dated 17.03.2021 on the file of the third respondent and to quash the same.

For Petitioner :

Mr.V.Vasanthakumar For Respondents :

Mr.K.Suresh Government Advocate for R1 & R2 Mr.Anban Bharathy for Mr.Aswini Devi .K, Standing Counsel for R3 *****

O R D E R

[Order of the Court was made by M.SUNDAR J.] When the matter was taken up, Mr.V.Vasanthakumar, learned counsel on record for writ petitioner very fairly submitted that encroachments which are subject matter of the impugned notice i.e., notice dated 17.03.2021 bearing reference Notice No.Zone 10/2445/7/2021 issued by R3 have since been removed.

2. Be that as it may, learned counsel on record for writ petitioner submits that encroachments have been removed on the basis that there are Page Nos.2/4

encroachments in a road but the fact remains that it is not a road and it is a water channel. We express no opinion on this submission in this writ petition but we make it clear that all rights and contentions of writ petitioner and or any other person concerned for what according to the writ petitioner is a water channel will stand preserved for separate proceedings.

3. As regards captioned Writ Petition is concerned, the same is disposed of as closed recording the stated position of learned counsel for writ petitioner. Consequently, captioned Writ Miscellaneous Petition is closed. There shall be no order as to costs. (M.S.J.,) (H.C.J.,) 09.07.2025 Index : Yes / No Speaking / Non-speaking mk Page Nos.3/4

M.SUNDAR, J., and HEMANT CHANDANGOUDAR, J., mk To 1.

The District Collector Chennai District Rajaji Salai, Chennai-600 001.

2.

The Tashildar Mambalam - Guindy Taluk Chennai.

3.

The Executive Engineer Zone X, Greater Chennai Corporation No.117, N.S.K.Salai Kodambakkam, Chennai-600 024.

09.07.2025 Page Nos.4/4