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Madras High CourtWP/19592/2019dismissed as infructuous

Mrs.D.Radha v. The Member Secretary

2019-08-28Honourable The Chief Justice,Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.08.2019 CORAM :

The Hon'ble Mrs.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE M.DURAISWAMY W.P. No.19592 of 2019 and W.M.P.No.19103 of 2019 D.Radha .. Petitioner -vs1.The Member Secretary, Chennai Metropolitan Development Authority (CMDA), No.1, Gandhi Irwin Road, Egmore, Chennai 600 008.

2.The District Collector, Kancheepuram District.

3.The Special Officer, Siruseri Village Panchayat, Siruseri.

(R-3 amended as per order of Court dt.18.7.2019, in WMP.19776 & 19777 of 2019 in WP.19592/2019 4.M/s.Alliance Budget Housing Pvt. Ltd.

& M/s.Alliance Infrastructure Projects Pvt. Ltd., Rep. by Mr.Dega Srinivasalu Reddy, Chennai.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct respondents 1 to 3 to remove the encroachment made by 4th respondent in the 3rd respondent's land situate in S.No.139/1, Siruseri Village, Thiruporur Taluk, Kancheepuram District. For Petitioner :Mr.M.Sriram

For Respondents :Mr.Karthik Rajan Stdg. Counsel for R-1 :Mr.S.N.Parthasarathi Govt. Advocate for R-2 * * * * *

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) Heard Mr.M.Sriram, learned counsel for the petitioner, Mr.Karthik Rajan, learned Standing Counsel for respondent no.1 and Mr.S.N.Parthasarathi, learned Government Advocate, for respondent no.2.

2.The case of the petitioner is that encroachment has been put up by the fourth respondent in the land of the third respondent situated at S.No.139/1, Siruseri Village, Thiruporur Taluk, Kancheepuram District. Hence, the petitioner is seeking direction to respondent nos.1 to 3 to remove the said encroachment.

3.The learned counsel for the petitioner stated that the said encroachment has been removed.

In view of the statement made by the learned counsel for the petitioner, this writ petition is dismissed as infructuous. No costs. Consequently, W.M.P.No.19103 of 2019 is also dismissed. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar sra To 1.The Member Secretary, Chennai Metropolitan Development Authority (CMDA), No.1, Gandhi Irwin Road, Egmore, Chennai 600 008.

2.The District Collector, Kancheepuram District.

3.The Special Officer, Siruseri Village Panchayat, Siruseri.

+1cc to Mr.M.Sriram, Advocate SR.75747 +1cc to Mr.Karthik Rajan, Advocate, SR.75443 +1cc to the Government Pleader SR.75527 W.P.No.19592 of 2019 RSV(CO) CB(03/10/2019)