J.Raja Ram v. The Chief Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.07.2025 CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR W.P.No.24995 of 2025 J.Raja Ram S/o.Jayaraman No.144, Gandhi Salai No.74, Pulipakkam Village, Chengalpattu Taluk - 603002 Chengalpattu District.

Petitioner Vs 1.The Chief Engineer NHAI, 3rd Floor, No.76, Sardar Patel Road, Guindy, Chennai - 600 032 2.The Regional Officer NHAI, 5th Floor CMRL Building, Poonamallee High Road, Koyambedu, Chennai - 600 107

3.The Project Director NHAI, No.41/8A, 2/285, 2nd Floor, Velchery Tambaram Main Road, Santhosapuram, Medavakkam Chennai - 600 073 4.V.M.K. Gopal S/o V.M. Kannappan, No.16, 6th Cross Street, Marakayar Nagar, Neelangarai, Chennai - 600 041 5.K.Ramakrishnan Proprietor of K. Ramakrishnan Motors Private Ltd, No.127A, Main Road, Thalvapalayam, Karur - 639 113 Respondents PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 1 to 3 to take action to remove the encroachment made by the fourth and fifth respondents upon a piece of National Highways-45 in Survey No. 82 at Pulipakkam Village, Chengalpattu Taluk and District. For Petitioner:

Mr.G.Mageshkumar For Respondents:

Mrs.S.R.Sumathy, Standing Counsel for respondent Nos.1 to 3

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Heard Mr.G.Mageshkumar, learned counsel for petitioner and, on advance copy, Mrs.S.R.Sumathy, learned Standing Counsel, appears on behalf of respondent Nos.1 to 3.

2. The grievance as ventilated through this public interest litigation is that though respondent No.1 has already directed respondent No.2 to take appropriate proceedings for removal of encroachment made by respondent Nos.4 and 5, till date the encroachment has not been removed. He would submit that the information received under the Right to Information Act clearly discloses that it is a case of encroachment.

3. From the communication dated 13.5.2025 placed on record, it is reflected that respondent No.1 has forwarded the complaint regarding encroachment to the second respondent for taking necessary action. The second respondent, therefore, is required to conclude the proceedings by making necessary enquiry to verify the

complaint regarding encroachment and remove the encroachment if found.

4. Since the petition itself was filed without waiting for a reasonable period, we are not inclined to proceed further at this stage, but to dispose of the petition with a direction to the second respondent or any such authority as may be entrusted by the second respondent to complete the enquiry and take action one way or the other within an outer limit of four months. Writ petition is disposed of accordingly. There shall be no order as to costs.

(MANINDRA MOHAN SHRIVASTAVA, CJ) (MUMMINENI SUDHEER KUMAR ,J) 29.07.2025 Index :

Yes/No :

Yes/No sasi

To:

1.The Chief Engineer NHAI, 3rd Floor, No.76, Sardar Patel Road, Guindy, Chennai - 600 032 2.The Regional Officer NHAI, 5th Floor CMRL Building, Poonamallee High Road, Koyambedu, Chennai - 600 107 3.The Project Director NHAI, No.41/8A, 2/285, 2nd Floor, Velchery Tambaram Main Road, Santhosapuram, Medavakkam Chennai - 600 073

THE HON'BLE CHIEF JUSTICE AND MUMMINENI SUDHEER KUMAR ,J.

(sasi) W.P.No.24995 of 2025 29.07.2025