Vijaya Mookim v. The National Highway Authority Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.11.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE K.RAJASEKAR Vijaya Mookim ... Petitioner Vs.

1.The National Highway Authority of India, Sri Tower, 3rd Floor, DP-34, Sipcot Industrial Estate, Guindy, Chennai - 600 032.

2.The Commissioner of Police, Commissioner Office, Vepary, Chennai - 600 007.

3.The Inspector of Police, T-1, Ambattur Police Station, Ambattur, Chennai - 600 053.

4.The Tahsildar, Madhavaram Taluk Office, Madhavaram, Chennai.

5.G.Anandan

6.P.Kumarasamy ... Respondents Prayer: Review Application filed under Order 47 Rule 1 r/w Section 114 of Code of Civil Procedure, to review the order passed by this Court in W.P.No.17749 of 2020 dated 21.03.2024 in so far as it relates to the finding that the petitioner herself has encroached upon National Highway Property and the direction issued to the first respondent/NHAI to evict the petitioner from the encroached portion of National Highways Property. For Petitioner : Mr.Maheshnath.A For Respondents : Mr.Su.Srinivasan (for R1) Mr.A.Selvendran (for R4) Special Government Pleader

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The order dated 21.03.2024 passed in W.P.No. 17749 of 2020 is sought to be reviewed in the present petition.

2.

Learned counsel for the petitioner would submit that the petitioner is not an encroacher and no public property has been encroached upon by the petitioner.

3.

However, the private dispute between the petitioner and the private respondents had to be resolved in the manner know to law. It is needless to state that the Authorities on identification of encroachment will take steps to remove

the encroachment as directed in the Writ Petition, which is sought to be reviewed.

4.

With these observations, the Review Petition is dismissed. [S.M.S., J.] [K.R.S., J.] 08.11.2024 Index: Yes/No Speaking/Non-speaking order gd

To 1.The National Highway Authority of India, Sri Tower, 3rd Floor, DP-34, Sipcot Industrial Estate, Guindy, Chennai - 600 032.

2.The Commissioner of Police, Commissioner Office, Vepary, Chennai - 600 007.

3.The Inspector of Police, T-1, Ambattur Police Station, Ambattur, Chennai - 600 053.

4.The Tahsildar, Madhavaram Taluk Office, Madhavaram, Chennai.

S.M.SUBRAMANIAM, J.

AND K.RAJASEKAR, J.

gd 08.11.2024