Madras High CourtWP/16628/2016withdrawn dismissed

K. Devadhason v. The Commissioner

2017-09-15Honourable Mr Justice M. Sathyanarayanan,Honourable Mr Justice N. Seshasayee3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.09.2017

CORAM:

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN and The HONOURABLE MR. JUSTICE N.SESHASAYEE W.P.No.16628 of 2016 K.Devadhason .. Petitioner Vs 1.The Commissioner Rippon Building Chennai - 600 003.

2.The Regional Joint Commissioner Zone South No.118, Dr.Muthulakshmi Salai, Adyar, Chennai 600 020.

3.The Executive/Assistant Engineer Division (Old No.20) New No.13, Ward No.179, Velachery, Chennai - 600 042.

4.The Member - Secretary Chennai Metropolitan Development Authority No.1, Gandhi-Irwin Road Chennai - 600 008.

5.The Tahsildar Velachery Taluk, Tharamani Chennai - 600 113.

6.M/s.Sree Krishna Constructions/Textiles, Managing Director, No.421, Anna Salai, (near Eldams Road) Teynampet, Chennai - 600 018.

7.The Commissioner Tambaram Municipality No.28, Muthurangam Mudali Street Tambaram West Chennai - 600 045 (R7 impleaded as per the order of this Court dated 13.07.2017) .. Respondents

Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents especially the 1st respondent to initiate appropriate proceedings against the encroachers, including and accordingly removing the unauthorised wall constructed over the 30 feet road connecting Buvaneshwari Nagar 1st Cross Street and Tamabaram - Velachery main road for petitioner usage.

For Petitioner :

Mr.S.Prem Raj Kumar For Respondents:

Mr.R.Arunmozhi for R1 to R3 Mr.C.Johnson for R4 Mr.A.N.Thambidurai, Special Government Pleader for R5 Mr.P.Srinivas for R7 *****

O R D E R

(Order of the Court was made by M.SATHYANARAYANAN, J.,) After some arguments, learned counsel appearing for the petitioner seeks leave of this Court to withdraw this writ petition with liberty to pursue E.P.No.600 of 2011 pending on the file of XIV Assistant City Civil Court, to execute the decree dated 11.12.2008 in O.S.No.305 of 2007 and also made an endorsement to that effect.

2. This Court heard the submissions of the learned counsel appearing for the respondents also.

3. In the light of the endorsement made, this writ petition is dismissed as withdrawn and the liberty sought for by the petitioner is granted.

Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar vsm To 1.The Commissioner Rippon Building, Chennai - 600 003.

2.The Regional Joint Commissioner Zone South, No.118, Dr.Muthulakshmi Salai, Adyar, Chennai 600 020.

3.The Executive/Assistant Engineer Division (Old No.20) New No.13, Ward No.179, Velachery, Chennai - 600 042.

4.The Member - Secretary Chennai Metropolitan Development Authority No.1, Gandhi-Irwin Road Chennai - 600 008.

5.The Tahsildar Velachery Taluk, Tharamani Chennai - 600 113.

7.The Commissioner Tambaram Municipality No.28, Muthurangam Mudali Street Tambaram West Chennai - 600 045 +1cc to Mr.R.Arunmozhi, Advocate sr.67457 +1cc to Government Pleader sr.68341 W.P.No.16628 of 2016 sj(co) ss(24/10/2017)