C.Sankar v. The Divisional Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.08.2024

CORAM:

THE HON'BLE MR.D. KRISHNAKUMAR, ACTING CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE P.B. BALAJI C.Sankar ... Petitioner versus 1.The Divisional Engineer, Highways Department, Anna Salai, Thiruvannamalai.

2.The Assistant Divisional Engineer, Highways Department, Anna Salai, Thiruvannamalai.

3.Nagaraj ...Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for the issuance of a writ of Mandamus, directing the respondents herein to take action and remove the encroachments made by the third respondent herein in the highway situate in S.F.No.53 of S.Keezhnachipattu Village, Thiruvannamalai Taluk and District, within a stipulated period and pass orders.

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For the Petitioner :Mr.K.Govi Ganesan For the Respondents :Mr.M.Habeeb Rahman Government Advocate for respondents 1 and 2

ORDER

(Made by the Hon'ble Acting Chief Justice) The writ petition is filed for a direction to the official respondents herein to take action and remove the encroachments made by the third respondent herein in the highway situate in S.F.No.53 of S.Keezhnachipattu Village, Thiruvannamalai Taluk and District.

2. Learned Government Pleader has placed a communication dated 21.08.2024, addressed by the Assistant Divisional Engineer/second respondent to the Divisional Engineer/first respondent, wherein it is stated that notice has been served to the third respondent encroacher for removing the encroachment in the property in question, within a period of seven days from the date of receipt of a copy of that notice, failing which, action would be taken by the department to remove the said encroachment. A copy of the 2/4

said communication has also been placed before this Court and the same is taken on record.

3. Recording the aforesaid statement made in the said communication, the writ petition stands dismissed as infructuous.

4. The authority concerned shall take further action as contemplated under the Rules, within a period of four weeks from the date of receipt of a copy of this order. There shall be no order as to costs. (D.K.K., ACJ.) (P.B.B., J.) 22.08.2024 Index : Yes/No mrn To 1.The Divisional Engineer, Highways Department, Anna Salai, Thiruvannamalai.

2.The Assistant Divisional Engineer, Highways Department, Anna Salai, Thiruvannamalai.

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THE HON'BLE ACTING CHIEF JUSTICE and P.B. BALAJI, J.

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