R.Padmavathi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.01.2023

CORAM

THE HON'BLE MR.JUSTICE R.MAHADEVAN and THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ and M.P.No.1 of 2014 and W.M.P.No.28714 of 2019 R.Padmavathi

...Petitioner

Vs 1.The District Collector, Kancheepuram District, Kancheepuram.

2.Prakash 3.Kumaresan 4.The Chief Engineer, Construction and Maintenance, Chepauk, Chennai - 600 005.

5.The Divisional Manager, City Road Division, Saidapet, Chennai - 600 015.

6.The Commissioner, Tambaram Municipality,

Tambaram.

(R4 to R6 - impleaded as per order dated 22.07.2014 by NPVJ & KRCBJ in M.P.No.2 of 2014 in W.P.No.13670 of 2014) ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the 1st respondent to take necessary action of removal of temple put up by the respondent 2 to 3 constructing the unauthorized and unlawful temple on the GST Road, (in public place) in front of D.No.91, GST Road, Kadapperi Village, Tambaram as per the representation of the petitioner through RTI Act dated 22.05.2013 made to 1st respondent.

For Petitioner : Mr.R.S.Mohan.

For Respondents : Mr.A.Selvendran, Special Government Pleader for R1, R4 to R6.

Mr.P.Visvassoundaran for M/s.Aachari & Antoni Associates for R2 & R3.

O R D E R

[Order of the Court was made by R.MAHADEVAN,J,]

The prayer made in the Writ Petition is to issue a Writ of Mandamus directing the 1st respondent to take necessary action for removal of encroachment on the GST Road, (in public place) in front of D.No.91, GST Road, Kadapperi Village, Tambaram put up by the respondent 2 & 3 by constructing temple unauthorizedly, as per the representation of the petitioner through RTI Act dated 22.05.2013.

2.When this matter was taken up for consideration, the learned counsel for the petitioner fairly submitted that nothing survives for further adjudication herein as the encroachment sought to be removed, has already been removed.

3.In view of the above, this Writ Petition is dismissed as infructuous. No costs. Consequently, connected Miscellaneous Petitions are closed. (R.M.D.,J.) (M.S.Q.,J.) 20.01.2023 ay/nsd Index:Yes / No Speaking Order / Non-speaking Order

R.MAHADEVAN,J.

and MOHAMMED SHAFFIQ,J.

ay Copy To 1.The District Collector, Kancheepuram District, Kancheepuram.

2.The Chief Engineer, Construction and Maintenance, Chepauk, Chennai - 600 005.

and M.P.No.1 of 2014 and W.M.P.No.28714 of 2019 3.The Divisional Manager, City Road Division, Saidapet, Chennai - 600 015.

4.The Commissioner, Tambaram Municipality, Tambaram.

Dated:20.01.2023