S.Prakash v. The Chennai Metropolitan Development Authority

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.06.2025

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR

1. S.Prakash

2. B.Mohandass ... Petitioners Vs.

1. The Chennai Metropolitan Development Authority Rep. by its Member Secretary Thalamuthu Natarajan Maaligai No.1, Gandhi Irwin Road Egmore, Chennai - 600 008

2. The District Collector Thiruvallur - 602 001

3. The Assistant Director (Panchayats) Collectorate Office Thiruvallur

4. The Commissioner The Block Development Office Poonamallee Panchayat Union Page Nos.1/6

Chennai - 56

5. The Tahsildar Poonamallee Taluk

6. The Executive Engineer Public Works Department Chennai - 600 056

7. P.R.Sivashankar Village President Banavedu Thottam Village Poonamallee Taluk

8. M/s.Isha Homes (India) Pvt. Ltd., rep. by its Authorised Signatory Thiru.R.Ragavendiran No.74, First Avenue Indra Nagar, Adyar Chennai - 600 020 ... Respondents Writ Petition filed under Article 226 of The Constitution of India praying to issue writ of Mandamus directing Respondents 1 to 6 to remove the compound wall as per the order of the 4th respondent dated 30.05.2023 in Na.Ka.No.882/2023/A3 constructed by the 8th respondent situated at Banavedu Thottam Village in S.Nos.23/5, 23/11, 23/13. 23/18, 23/19, 23/20, Page Nos.2/6

25/3A1, 25/3B, 25/4 and 48/1 and also to restore the water channels encroached in S.Nos.287, 286, 283, 284, Kannapalayam Village and in S.Nos.48, 23, 24, 25, Banavedu Thottam Village. For Petitioners :

Ms.R.Arthi for Mr.P.Krishnan For Respondents :

Mr.M.S.Arasa Kumar Government Advocate for R1 to R6 Mr.A.Arasu Sanga Tamil for R8

ORDER

[Order of the Court was made by M.SUNDAR, J.,] Captioned 'Writ Petition' ['WP' for the sake of brevity] has been filed with a plea for removal of encroachment.

2. Mr.M.S.Arasa Kumar, learned State counsel and Mr.A.Arasu Sanga, learned counsel for R8 (private respondent) submit in one voice that the encroachments have since been removed.

Page Nos.3/6

3. Learned counsel for writ petitioners, on instructions, confirms this position.

4. In the light of the narrative thus far, captioned WP has served its purpose and therefore, the same is disposed of as closed. There shall be no order as to costs.

(M.S.,J.) (H.C.,J.) 17.06.2025 Index : Yes / No gpa To

1. The Chennai Metropolitan Development Authority Rep. by its Member Secretary Thalamuthu Natarajan Maaligai No.1, Gandhi Irwin Road Egmore, Chennai - 600 008

2. The District Collector Thiruvallur - 602 001

3. The Assistant Director (Panchayats) Collectorate Office Thiruvallur Page Nos.4/6

4. The Commissioner The Block Development Office Poonamallee Panchayat Union Chennai - 56

5. The Tahsildar Poonamallee Taluk

6. The Executive Engineer Public Works Department

7. P.R.Sivashankar Village President Banavedu Thottam Village Poonamallee Taluk Page Nos.5/6

M.SUNDAR, J., and HEMANT CHANDANGOUDAR, J., gpa 17.06.2025 Page Nos.6/6