A.G.Pandian v. The Secretary Highways Department

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.03.2020

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.6210 of 2020 and W.M.P.No.7300 of 2020 A.G.Pandian S/o.Gopal

...Petitioner

Vs.

1.The Secretary Secretariat, Chennai-600 009.

2.The Chief Engineer Guindy, Chennai.

3.The Divisional Engineer Tiruvannamalai Tiruvannamalai District.

4.The Assistant Engineer Chengam Tiruvannamalai District.

5.The Revenue Divisional Officer Chengam Tiruvannamalai District.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the 3rd and 4th respondents to stop the illegal construction put up in the petitioner's property bearing Survey No.8/3B1A, Senthamangalam Village, Vadamathur Post, Chengam Taluk - 606 702, Tiruvannamalai District.

For Petitioner :

Mr.C.V.Kumar For Respondents:

Mr.R.Govindasamy Special Government Pleader

O R D E R

Mr.R.Govindasamy, learned Special Government Pleader takes notice for the respondents. By consent of the parties, this writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner seeks for a mandamus directing the respondents 3 & 4 to stop the construction put up in S.No.8/3B1A, Senthamangalam Village, Vadamathur Post, Chengam Taluk - 606 702, Tiruvannamalai District. According to the petitioner, an extent of 0.58.00 Are of property situated at S.No.3B1A of Senthamangalam Village belongs to his father and after his death, he became the absolute owner. It is his further grievance that the respondents are trying to put up a culvert in the said property.

3. On the other hand, the learned Special Government Pleader for the respondents, based on written instructions, submitted that the culvert being reconstructed in the Highway land is not belonging to the petitioner and that the culvert is not being put up at S.No.8/3B1A. Therefore, it is contended by the respondents that the apprehension of the petitioner is not well founded. It is specifically stated by the respondents that the culvert is not being put up/reconstructed at S.No.8/3B1A.

4. The said statement is recorded and the Writ Petition is closed, as no further order is necessary in this writ petition. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To 1.The Secretary Secretariat, Chennai-600 009.

2.The Chief Engineer Guindy, Chennai.

3.The Divisional Engineer Tiruvannamalai Tiruvannamalai District.

4.The Assistant Engineer Chengam Tiruvannamalai District.

5.The Revenue Divisional Officer Chengam Tiruvannamalai District.

+1cc to C.V.Kumar, Advocate Sr.21427 +1cc to the Government Pleader Sr.21687 W.P.No.6210 of 2020 ad[co] srg 16/03/2020