S.Sathyanarayanan v. Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.01.2018

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.36864 of 2007 and M.P.Nos.1 & 2 of 2007 and 2 of 2008 S.Sathyanarayanan ... Petitioner -vs1.The Commissioner, Corporation of Chennai, Chennai - 600 003.

2.The District Collector, Chennai.

3.The Member Secretary, Chennai Metropolitan Development Authority, Egmore, Chennai - 600 008.

4.R.Saravanan ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents 1 to 3 to keep the public street in tact laying metal and tar as is being done for other public streets free from encroachment or blocking of entry from Poonamallee High Road to the public street in Block No.35, Koyambedu, Chennai in Survey No.151.

For Petitioner :: Mr.P.G.Padmanabhan For Respondents :: Mr.Ansar, Government Advocate (For R2) Mr.M.Sriram (For R4) No appearance (For R1 and R3) * * * * * https://hcservices.ecourts.gov.in/hcservices/

O R D E R

The relief sought for in this writ petition is for a direction to direct the respondents 1 to 3 to keep the public street in tact laying metal and tar as is being done for other public streets free from encroachment or blocking of entry from Poonamallee High Road to the public street in Block No.35, Koyambedu, Chennai in Survey No.151.

2.The learned counsel appearing for the fourth respondent made a submission that it is the subject matter of the civil suit. However, the very same writ petitioner filed a suit in O.S.No.2609 of 2013 and the same is pending before the IV Assistant City Civil Court, Chennai.

3.In view of the pendency of the civil suit, no further adjudication need to be under taken in respect of the grounds raised in this writ petition.

4.Accordingly, the Writ Petition stands dismissed. However, there shall be no order as to costs. Consequently, the connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar ah To 1.The Commissioner, Corporation of Chennai, Chennai - 600 003.

2.The District Collector, Chennai.

3.The Member Secretary, Chennai Metropolitan Development Authority, Egmore, Chennai - 600 008.

+1cc to Mr.P.G.Padmanabhan, Advocate, S.R.No.3472 +1cc to Mr.M.Sriram , Advocate, S.R.No.4069 +1cc to the Government Pleader, S.R.No.4604 W.P.No.36864 of 2007 GJ (CO) abr (03/02/2018) https://hcservices.ecourts.gov.in/hcservices/