P.Ravi v. The Assistant Divisional

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 28.08.2017

CORAM

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR. JUSTICE N.SESHASAYEE WP.No.21728/2017 P.Ravi ..

Petitioner

Versus

1.The Assistant Divisional Engineer Construction and Maintenance Highways Department, Near Travellers Bungalow, Gummidipoondi Thiruvallur District.

2.The Assistant Engineer, Highways Department Construction and Maintenance Near Travellers Bungalow, Gummidipoondi Thiruvallur District.

3.Mr.M.Moorthy ..

Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents 1 and 2 to forthwith remove the encroachment of the 3rd respondent on the State Highway, passing through Gummidipoondi Town, Thiruvallur District, in front of S.No.234/1B1A Pethikuppam Village, Gummidipoondi Taluk, Thiruvallur District within such time as may be fixed by this Court.

For Petitioner : Mr.P.Srinivas For Respondents: Mr.M.K.Subramanian, Govt.Pleader

ORDER

[Order of the Court was made by M.SATHYANARAYANAN, J.] By consent, the writ petition is taken up for final

disposal.

Mr.M.K.Subramanian, learned Government Pleader accepts notice on behalf of the respondents 1 and 2. The grievance expressed by the petitioner is that the 3rd respondent had encroached upon a land in S.No.234/1B1A, Pethikuppam Village, which is situate right in front of the Highways and that apart, started putting up unauthorized construction and the representation submitted in this regard has failed to invoke any kind of response and hence, came forward to file the present writ petition.

The learned counsel for the petitioner has drawn the attention of this Court to page No.10 of the typed set of documents and would submit that as per the communication addressed to the Tahsildar, Gummidipoondi, the said belongs to National Highways and as such, ti is obligatory on the part of the respondents 1 and 2 to take appropriate action.

This Court has considered the submission of the learned counsel for the petitioner and also perused the materials placed before it.

There is no material to show that the land in question belongs to the National Highways and though the learned counsel for the petitioner has placed reliance upon the document dated 27.03.2017 addressed to the Tahsildar, Gummidipoondi at page No.10, which according to him, evidence the encroachment on the public land by the 3rd respondent. This Court is of the considered view that it cannot be taken as an authenticated and the fact remains that the petitioner has also approached the Public Information Officer and Collector, Tiruvallur District as well as the Office of the Tahsildar, Gummidipoondi, through an application dated 02.02.2017 seeking certain information under the Right to Information Act, 2005, and as and when information is furnished, it is open to the petitioner to pursue the other remedy and in the absence of any information, it is always open to the petitioner to move the concerned authorities under the Right to Information Act, 2005, to obtain necessary information and thereafter, work out his remedy.

In the result, the writ petition is dismissed subject to above observations. No costs.

Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar

To 1.The Assistant Divisional Engineer Construction and Maintenance Highways Department, Near Travellers Bungalow, Gummidipoondi Thiruvallur District.

2.The Assistant Engineer, Highways Department Construction and Maintenance Near Travellers Bungalow, Gummidipoondi Thiruvallur District.

+ 1 cc to Mr.P.Srinivas, Advocate,SR.62619 + 1 cc to The Govt.Pleader, SR.61835 WP.No.21728/2017 SV(CO) NR 09/10/2017