S.Ashokan v. The Divisional Engineer(H)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.03.2025
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI and W.M.P.No. 27267 of 2021 in W.P.No. 25807 of 2021 1.S.Ashokan 2.S.Haridoss 3.K.Banumathi 4.R.K.Yesudasan ... Petitioners Vs.
1.The Divisional Engineer (H) Construction and Maintenance, Chennai Highways Road Division, Chennai - 600 015.
2.The Assistant Divisional Engineer (H), Construction and Maintenance, Thambaram Sub Division, Highways Department, Chennai - 600 042.
3.The Senior Manager, Tamil Nadu Road Development Company Limited, No.1, Industrial Estate, Rajiv Gandhi Salai, Perungudi (Behind Perungudi Town Plaza), Chennai - 600 096.
Page Nos.1/5
4.The District Collector, Kancheepuram District, Kancheepuram - 631 501.
5.The Tahsildar, Tiruporur Taluk, Tiruporur - 603 110.
Kancheepuram District.
... Respondents Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the order No. Nil/Encroachment/2021/INU (,epc) dated Nil, on the file of the second respondent herein, and to quash the same and forbear the respondents 1 to 3 in any manner interfering with the possession and enjoyment of the petitioners in respect of the lands in Survey No.84/15 in No.35, Kanathur Reddikuppam Village, Tiruporur Taluk, Kancheepuram District.
For Petitioners :
Mr.P.Raja For Respondents :
Mr.T.K.Saravanan, Additional Government Pleader for R1, R2, R4 & R5 Mr.M.Sivavarthanan for R3
ORDER
[Order of the Court was made by M.SUNDAR, J.,] Mr.P.Raja, learned counsel on record for four writ petitioners, Mr.T.K.Saravanan, learned Additional Government Pleader for R1, R2, Page Nos.2/5
R4 and R5 and Mr.M.Sivavarthanan, learned counsel for R3 are before this Court.
2. Mr.P.Raja, learned counsel on record for writ petitioners very fairly submits that possession of portion of land which is subject matter of the impugned notice has since been taken by the respondents and therefore, a closure can be given to the captioned 'Writ Petition' (hereinafter 'WP' for the sake of brevity) leaving open the rights and contentions of the writ petitioners to pursue other remedies, if any and if available in law. This request is acceded to.
3. Captioned WP is disposed of as closed in the aforesaid manner albeit with preservation of rights and contentions in the manner set out supra. Consequently, captioned Writ Miscellaneous Petition (WMP) thereat is also disposed of as closed. There shall be no order as to costs.
(M.S.,J.) (K.G.T.,J.) 26.03.2025 Index : Yes / No mmi Page Nos.3/5
To 1.The Divisional Engineer (H) Construction and Maintenance, Chennai Highways Road Division, Chennai - 600 015.
2.The Assistant Divisional Engineer (H), Construction and Maintenance, Thambaram Sub Division, Highways Department, Chennai - 600 042.
3.The Senior Manager, Tamil Nadu Road Development Company Limited, No.1, Industrial Estate, Rajiv Gandhi Salai, Perungudi (Behind Perungudi Town Plaza), Chennai - 600 096.
4.The District Collector, Kancheepuram District, Kancheepuram - 631 501.
5.The Tahsildar, Tiruporur Taluk, Tiruporur - 603 110.
Kancheepuram District.
Page Nos.4/5
M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., mmi 26.03.2025 Page Nos.5/5