G.Parvathy, v. The Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.01.2018

CORAM

THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.No.26576 of 2013 and M.P.No.1 of 2013 G.Parvathy .. Petitioner

Versus

1.The Collector, Vellore District,Vellore.

2.The Tahsildar, Katpadi Taluk, Katpadi,Vellore District.

3.The Executive Officer, Tiruvalam Block Development Office, Tiruvalam, Katpadi Taluk,Vellore District.

4.P.Janakiraman .. Respondents Prayer: The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus to direct the respondents 1 to 3 to repair or maintain the public road situated in Survey No.142B/55, at Mettupalaiyam Village, hamlet of Tiruvalam, katpadi Taluk, Vellore District. For Petitioner : Mr.P.Krishnan For Respondents: Mr.N.Inbanathan Additional Government Pleader for R1 & R2 : Mr.P.Chinnadurai for R3 : Mr.N.M.Abdul Maseed for M/s.Svaak Legal for R4

O R D E R

The petitioner has come up with the present Writ Petition for the issuance of Writ of Mandamus to direct first to third respondents, to repair or maintain the public road situated in Survey No.142B/55, at Mettupalaiyam Village, hamlet of Tiruvalam, Katpadi Taluk, Vellore District.

2.Heard Mr.P.Krishnan, learned counsel appearing for the petitioner, Mr.N.Inbanathan, learned Additional Government Pleader for first and second respondents, Mr.Chinnadurai, learned counsel appearing for the third respondent and M/s.Svaak Legal, learned counsel for the fourth respondent for Mr.N.M.Abdul Masead.

3.The learned counsel for the third respondent by referring to the counter filed by the third respondent submitted that as per the interim direction already given by this Court in M.P.No.1 of 2013 in W.P.No.26576 of 2013 dated 27.09.2013, the third respondent has removed the drainage block.

4.It is seen that the petitioner instituted a suit in O.S.No.957 of 1992 against the fourth respondent, for declaration and injunction. After trial, the suit was decreed against the defendant/fourth respondent herein, against which the fourth respondent preferred an appeal in A.S.No.43 of 2003 before the Principal District Judge, Vellore. The Appellate Court had confirmed the judgment of the trial Court. 5.The grievance of the petitioner was that even after the decree, the fourth respondent had obstructed the drainage water on the street, and taking note of the above facts, the Court has given an interim direction on 27.09.2013.

6. In the light of the above facts, this Court is of the opinion that no further adjudication is required in this Writ Petition. Accordingly, this writ petition stands closed. Consequently, connected miscellaneous petition is closed. No costs.

Sd/ Assistant Registrar /True copy/ Sub Assistant Registrar To 1.The Collector, Vellore District,Vellore.

2.The Tahsildar, Katpadi Taluk, Katpadi,Vellore District.

3.The Executive Officer, Tiruvalam Block Development Office, Tiruvalam,Katpadi Taluk, Vellore District.

+1cc to Mr.P.Chinnadurai Advocate SR.No.6135 +1cc to the Government Pleader SR.No.6989 +1cc to Mr.P.Krishnan Advocate SR.No.6783 +1cc to Mr.Abdul Majeed Advocate SR.No.6356 W.P.No.26576 of 2013 KP 26.02.2018