M.V.Pichaimani, v. Govt. Of Tamilnadu Rep. By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.06.2016

CORAM:

THE HON 'BLE MR.JUSTICE M.SATHYANARAYANAN Writ Petition No.18437 of 2016 and W.M.P.No.16144 of 2016 M.V.Pichaimani ... Petitioner

Versus

1. Govt. of Tamil Nadu, Rep. By its Assistant Engineer, Polur-Thiruvannamalai Road, Polur Taluk, Thiruvannamalai District

2. Govt. of Tamil Nadu, Rep. By its Asst. Engineer, National Highways, Polur

3. Govt. of Tamil Nadu, Rep. By its Asst. Divisional Engineer, Highways Department, Polur

4. Govt. of Tamil Nadu, Rep. By its Asst. Divisional Engineer, National Highways, Tiruvannamalai

5. Govt. of Tamil Nadu, Rep. By its Secretary, Secretariat, Chennai - 600 009 ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, seeking for a writ of mandamus, to direct the respondents to take suitable action on the representations of the petitioner ending with letter, dated 21.12.2015.

For Petitioner : Mr. S.Pattabiraman For Respondents : Mr. Jerry V.V.Sundar, assisted for Mr. P.Wilson, Senior Counsel, for National Highways;

Mr. R.Govindasamy, Special Government Pleader for R-1, R-3 & R-5 (State Government)

O R D E R

By consent, the writ petition is taken up for final disposal.

2. The petitioner, aggrieved by the alleged act of the respondents in attempting to trespass into his patta land, has submitted a representation dated 21.12.2015 to first respondent and since no orders have been passed, the petitioner came forward to file this writ petition.

3. This Court heard the submission of the learned counsel for the petitioner and the learned Senior Counsel and learned Special Government Pleader appearing for the respondents.

4. It is brought to the knowledge of this Court that the Assistant Divisional Engineer, Highways Department, Polur Taluk, vide letter in K.No.25/2016/,eptm, dated 02.06.2016, has stated that the land-in-question is located near NH234 and in the event of acquisition of land, necessary intimation will be given to the petitioner and also clarified that any information is required Assistant Divisional Engineer, National Highways Department, Vellore and Assistant Divisional Engineer, National Highways Department, Tiruvannamalai may be contacted.

5. In the light of the said communication, this Court is of the view that nothing survives for adjudication in this writ petition. Therefore, this writ petition is dismissed. However, if the petitioner is aggrieved by any future acts of the respondents, he is at liberty to approach the competent forum, in accordance with law. No costs. Consequently, the connected WMP is closed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar srk To

1. The Assistant Engineer, Polur-Thiruvannamalai Road, Polur Taluk, Thiruvannamalai District.

2. The Asst. Engineer, National Highways, Polur.

3. The Asst. Divisional Engineer, Polur.

4. The Asst. Divisional Engineer, National Highways, Tiruvannamalai.

5. The Secretary, Secretariat, Chennai - 600 009.

+1cc to Mr.S.Pattabiraman, Advocate, S.R.No.31714 +1cc to Mr.P.Wilson Associates, Advocate, S.R.No.31458 +1cc to the Government Pleader, S.R.No.31553 W.P.No.18437 of 2016 & W.M.P.No.16144 of 2016 GJ II(CO) CA(11/07/2016)