D.Chakravarthi v. The Regional Administrator

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.11.2025

CORAM

THE HON'BLE MR.MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE G.ARUL MURUGAN D.Chakravarthi : Petitioner versus 1.The Regional Administrator-cum-Sub Divisional Magistrate O/o. the Sub Divisional Magistrate Government of Puducherry Yanam, Puducherry Pin - 533 464 2.The Project Director Ministry of Road Transport and Highways Government of India Project Implementation Unit Machilipatnam Door No.41/1/22, No.2, Donka Road Krishnalanka, Vijayawada - 520 013 3.The Divisional Manager Hindustan Petroleum Corporation Ltd.

Visakh Regional Office Petro Nilayam Siripuram, Visakhapatnam - 530 003 : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to take action on removing the encroachment on the land belonging to NHA and also direct the respondents to remove any or all encroachments inclusive of any petrol pump at Survey No.C/7/16/1CPT, C/7/13/4BPT, C/7/13/5A at the location of Kanakalapeta Revenue Village, Yanam, between 67.915 km and 67.948 km

on NH 216 coming with the above Chainage Row, which is already identified as encroachment and to prosecute the persons, who have encroached on the land belonging to the NHA and as pointed out by the Assistant Executive Officer of the 2nd respondent for the regional office of the Ministry of Transport and Highways, Regional office, Vijayawada as referred in his letter RO/ VJA/NHDP-IV/2019-20/-1/corr/1014 dated 4/2/2021 addressed to the 1st respondent.

For Petitioner :

Mr.Velmurugan Parthiban For Respondents :

Mr.S.Raveekumar, Government Pleader (Puducherry) For the first respondent Mr.K.Ramanamoorthy, Senior Panel Counsel For Mr.S.S.Varma, SPC, for R-2.

Mr.Mohammed Fayaz Ali, for R-3.

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Through this public interest litigation, allegation of encroachment on highway is made. Respondents 1 to 3 have filed status report based on inspection, which reveals that there is no encroachment. All these reports were filed in the year 2022 itself. Thereafter, the case was listed on many occasions. Adjournment was prayed for and granted, at the instance of the petitioner. Finally on 12.02.2024, again prayer for adjournment was made and a last opportunity was granted.

2. Today, when the case comes for hearing after more than a

year and half, prayer for adjournment is again made. Prayer for adjournment is rejected.

3. The petition is dismissed in view of the status report filed by respondents 1 to 3 that there is no encroachment. There will be no order as to costs. Consequently, WMP No.25081 of 2022 is closed. (MANINDRA MOHAN SHRIVASTAVA, CJ.) (G.ARUL MURUGAN, J.) 14.11.2025 Index : Yes/No : Yes/No tar To 1.The Regional Administrator-cum-Sub Divisional Magistrate O/o. the Sub Divisional Magistrate Government of Puducherry Yanam, Puducherry Pin - 533 464 2.The Project Director Ministry of Road Transport and Highways Government of India Project Implementation Unit Machilipatnam, Door No.41/1/22, No.2, Donka Road Krishnalanka, Vijayawada - 520 013 3.The Divisional Manager Hindustan Petroleum Corporation Ltd.

Visakh Regional Office Petro Nilayam Siripuram, Visakhapatnam - 530 003

THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN , J.

(tar) 14.11.2025