Madras High CourtWP/18792/2024disposed of

M.Chitrarasu v. The District Collector

2025-06-20Honourable Mr Justice M. Sundar,Honourable Mr.Justice R.Sakthivel10 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.06.2025 CORAM :

THE HON'BLE MR. JUSTICE M. SUNDAR and THE HON'BLE MR. JUSTICE R. SAKTHIVEL W.P. No.18792 of 2024 and W.M.P.No. 20613 of 2024 M. Chitrarasu Petitioner vs.

The District Collector Collectorate Vellore District The Tahsildar Gudiyatham Taluk Vellore District The Commissioner Pernampet Municipality Vellore District The Firka Surveyor Pernampet, Gudiyatham Taluk Vellore District P. Thangaraj, Ex.M.C.

Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus to direct the 1st to 4th respondents to remove the encroachment made by the 5th respondent which is existing at Bagar Hussain Street-I, Pernampet, Guidyatham, Vellore District and consequently to direct the 1st to 4th respondents to ensure the right of the general public to use above said public street.

For petitioner Mr. P. Vijendran For RR1, 2 & 4 Mr. T.K. Saravanan Addl. Govt. Pleader For R3 Mr.P.Srinivas, Standing Counsel For R5 Mr. K.A. Ravindran - - - - -

ORDER

(made by M. SUNDAR, J.) Mr. P. Vijendran, learned counsel on record for writ petitioner, expresses regret for having missed the matter yesterday (19.06.2025). [To be noted, captioned matter is listed today under the cause list caption 'FOR DISMISSAL'].

Captioned main 'writ petition' [hereinafter 'WP' for the sake of brevity] has been filed inter alia with a removal of encroachment prayer i.e., with the prayer for issue of a mandamus qua official respondents as regards removal of encroachment allegedly made by R5 (Thangaraj) at 'Bagar Hussaiin Street-I, Pernampet, Gudiyatham, Vellore District'.

Writ petitioner came to this Court earlier on the same issue vide W.P.No.9572 of 2014 and the earlier writ petition, along with W.M.P. thereat, came to be disposed of by another Hon'ble

Division Bench to which one of us (M. SUNDAR, J.) was a member in and vide an order dated 20.12.2016 and this order reads as follows:

The aforesaid order speaks for itself.

Mr. T.K. Saravanan, learned Additional Government Pleader for RR 1, 2 and 4, Mr. P. Srinivas, learned Standing Counsel for R3 and Mr. K.A. Ravindran, learned counsel for R5 (private respondent), are before this Court.

We heard out all the learned counsel.

In the hearing, it comes to light that post aforementioned 20.12.2016 order in the aforereferred writ petition,

R5 before us has filed a suit in O.S.No.94 of 2024 on the file of District Munsif Court, Gudiyatham, on the same issue, writ petitioner before us is D1 in the said suit and the suit is ripe for trial. The case status as in the official e-Court website is as follows:

All the learned counsel before us submit that the alleged encroachment which is the subject matter of captioned WP and the suit, are one and the same. Therefore, we are of the view that it will suffice to record the stated position of the parties and write that the

aforereferred suit being O.S.No.94 of 2024 on the file of the District Munsif Court, Gudiyatham, will proceed on its own merits and in accordance with law untrammelled by this order. Though obvious, we make it clear that all the rights and contentions of all the parties in the captioned WP and the aforereferred suit stand preserved for being adjudicated upon in the trial which is in the anvil. This Court, for the sake of specificity, deems it appropriate to also clarify that no opinion or view has been expressed by this Court one way or the other on alleged encroachment.

Captioned WP stands disposed of as closed in the aforesaid manner. Consequently, captioned writ miscellaneous petition thereat is also closed. There shall be no order as to costs. (M.S.,J.) (R.S.V.,J.) 20.06.2025 cad Index : Yes/No NC : Yes/No

To:

M. SUNDAR, J.

and R. SAKTHIVEL, J.

cad W.P. No.18792 of 2024 20.06.2025