S.Sivadass v. Tamil Nadu Urban Habitat Development Board
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.02.2025
CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS. JUSTICE K. GOVINDARAJAN THILAKAVADI W.P.No.6942 of 2025 & W.M.P. No.7660 of 2025 S. Sivadass Petitioner vs.
1.
Tamil Nadu Urban Habitat Development Board represented by its Managing Director No.5, Kamarajar Salai Chennai 600 005 The District Collector Chennai Collectorate Singaravelar Maligai No.62, Rajaji Salai Chennai 600 001 3.
The Commissioner Greater Chennai City Corporation Ripon Building Chennai 600 003 4.
The Tahsildar Tondiarpet Taluk Rettai Kuzhi Street Tondiarpet Chennai 600 081 5.
Illayanar Respondents Page Nos.1/6
Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 1 to 4 to remove the encroachment made by the fifth respondent in the land owned by the first respondent Board comprised in S.No.1806/8, Ward No.53, Block No.001, Tondiarpet Taluk, Chennai, forthwith by considering the petitioner's representation dated 28.01.2025. For petitioner Mr. K. Sasindran
ORDER
[made by M.SUNDAR, J.] After some arguments, learned counsel on record for writ petitioner sought leave of this Court to withdraw the captioned main 'writ petition' (hereinafter 'WP' for the sake of brevity) but made a plea to preserve all the rights and contentions of the writ petitioner and/or anyone else concerned with the matter to file a Public Interest Litigation (PIL) on the same subject as writ petitioner is espousing a larger public cause. The following passage from the petitioner's representation dated 28.01.2025 addressed to the official respondents seeking removal of encroachment would demonstrate the fact that the petitioner espouses a larger public cause:
Page Nos.2/6
'I state that now the youth and students residing in our locality are in need of public space for playground and the above mentioned land will be more convenience and suitable for forming a volley ball ground. ....'
(underlining made by us for ease of reference) Endorsement made by learned counsel on record for writ petitioner in the case file is as follows:
Page Nos.3/6
In the light of the narrative thus far, captioned main WP is disposed of as withdrawn/closed albeit with preservation of all rights and contentions of writ petitioner in the aforesaid manner. Consequently, captioned writ miscellaneous petition thereat is disposed of as closed. There shall be no order as to costs. (M.S., J.) (K.G.T., J.) 28.02.2025 cad Index :
Yes/No NC :
Yes/No Page Nos.4/6
To:
1.
The Managing Director Tamil Nadu Urban Habitat Development Board No.5, Kamarajar Salai Chennai 600 005 The District Collector Chennai Collectorate Singaravelar Maligai No.62, Rajaji Salai Chennai 600 001 3.
The Commissioner Greater Chennai City Corporation Ripon Building Chennai 600 003 4.
The Tahsildar Tondiarpet Taluk Rettai Kuzhi Street Tondiarpet Chennai 600 081 Page Nos.5/6
M.SUNDAR, J.
and K. GOVINDARAJAN THILAKAVADI, J.
cad 28.02.2025 Page Nos.6/6