M.S.Gopi v. The Divisional Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.06.2025

CORAM:

THE HONOURABLE MR. JUSTICE M.SUNDAR and THE HONOURABLE MR. JUSTICE HEMANT CHANDANGOUDAR M.S. Gopi Petitioner vs.

1.

The Divisional Engineer Highways Department Construction-cum-Maintenance Vellore The Assistant Divisional Engineer Highways Department Construction-cum-Maintenance Arakkonam Ranipet District The Tahsildar Arakkonam Taluk Arakkonam 4.

Desammal Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 1 to 3 to remove the encroachment made by the fourth respondent in the left side of Walajah - Sholingur Arakonam Road (44/6 K.M.) intersecting Citheri Road within a time frame.

Page Nos.1/6

For petitioner Ms. R. Arthi for Mr. P. Krishnan For RR 1 to 3 Mr. K. Suresh Government Advocate For R4 No appearance

ORDER

[made by M. SUNDAR, J.] Ms. R. Arthi, learned counsel representing Mr. P. Krishnan, learned counsel on record for writ petitioner, expresses regret for having missed the matter yesterday (25.06.2025). Registry is directed to delete the caption 'FOR DISMISSAL'. The matter is taken up for hearing.

Captioned 'writ petition' [hereinafter 'WP' for the sake of brevity] has been filed with a prayer for removal of encroachment qua left side of Walajah - Sholingur Arakonam Road (44/6 K.M.) intersecting Citheri Road [hereinafter 'said encroachment' for the sake of convenience and clarity].

According to writ petitioner, R4 (Desammal) is the alleged encroacher.

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4.

A Hon'ble Predecessor Division Bench, on 27.03.2023, has inter alia ordered notice to R4. Today, RR 1 to 3 (official respondents) are represented by Mr. K. Suresh, learned Government Advocate. R4 has been duly served and name and address of R4 have been duly shown in the cause list but there is no representation for R4. We are informed by the Registry that R4 has not chosen to enter appearance through any counsel.

5.

Learned State counsel submits, on instructions, that proceedings qua said encroachment were commenced under the Tamil Nadu Highways Act, 2001 (Tamil Nadu Act 34 of 2002), R4 was show caused, cause was shown, cause shown was considered, order was made to remove said encroachment and said encroachment itself has been removed.

6.

Learned counsel for writ petitioner confirms this obtaining position qua ground.

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7.

In the light of the narrative thus far, captioned WP has served its purpose and therefore, captioned WP is disposed of as closed. There shall be no order as to costs.

(M.S., J.) (H.C., J.) 26.06.2025 cad Index:

Yes/No N.C.

:

Yes/No Page Nos.4/6

To 1.

The Divisional Engineer Highways Department Construction-cum-Maintenance Vellore The Assistant Divisional Engineer Highways Department Construction-cum-Maintenance Arakkonam Ranipet District The Tahsildar Arakkonam Taluk Arakkonam Page Nos.5/6

M.SUNDAR, J.

and HEMANT CHANDANGOUDAR, J.

cad 26.06.2025 Page Nos.6/6