K.Anandan v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.06.2022

CORAM:

THE HONOURABLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HONOURABLE MRS.JUSTICE N.MALA W.P.NO.6660 OF 2022 K.Anandan ... Petitioner Vs.

1. The Chairman, National Highways Authority of India, Department of Road Transport and Highways, G5 and 6, Section 10, Dwarka, New Delhi - 110075.

2. The Regional Officer, National Highways Authority of India, Department of Road Transport and Highways, 1/54-28, Butt Road, St.Thomas Mount, Parangi Malai, Guindy, Chennai - 600016.

3. The District Collector, Kallakurichi District.

4. The Manager, SU3 Toll Plaza, Veerachozhapuram Post, Kallakurichi District.

5. Maadhu ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 2nd to 4th respondents to remove the encroachment from the Government Prompoke National Highways and common pathway in Survey No.282/1B2 situated at Prithvimangalam Village, Kallakurichi Taluk and District, which encroached by the 5th respondent by considering the petitioner's representation dated 27.01.2022 preferred before the 1st to 4th respondent in accordance with law.

For Petitioner :

Mr.S.Mohamed Ansar For Respondents :

Mr.Su.Srinivasan for R1 & R2 Mr.J.Ravindran Additional Advocate General and Mr.P.Muthukumar State Government Pleader for R3 M/s.Inthu Karunakaran for R4

ORDER

(The Order of the Court was made by The Honourable Chief Justice) The writ petition is filed to seek a direction to the 2nd to 4th respondents to remove the encroachment from the Government Poramboke National Highway Land.

2. Learned counsel for the 4th respondent submitted that the encroachment made by the 5th respondent, has already been removed by the 4th respondent, with an information to the official respondents, for which photographs have also been shown.

3. In view of the above, nothing survives for consideration in this writ petition, rather, it has become infructuous. The writ petition is accordingly, dismissed as having become infructuous. There will be no order as to costs. Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar cs/hvk To

1. The Chairman, National Highways Authority of India, Department of Road Transport and Highways, G5 and 6, Section 10, Dwarka, New Delhi - 110075.

2. The Regional Officer, National Highways Authority of India, Department of Road Transport and Highways, 1/54-28, Butt Road, St.Thomas Mount, Parangi Malai, Guindy, Chennai - 600016.

3. The District Collector, Kallakurichi District.

4. The Manager, SU3 Toll Plaza, Veerachozhapuram Post, Kallakurichi District.

+2ccs to M/s.Inthu Karunakaran, Advocate, S.R.No.36612 +1cc to the Government Pleader, S.R.No.36155 W.P.No.6660 of 2022 GJ(CO) RLP(22/06/2022)