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Madras High CourtWP/30007/2019dismissed as infructuous

G.Elumalai v. The Executive Engineer,

2019-12-03Honourable Mr Justice R.Subbiah,Honourable Mr Justice R. Pongiappan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.12.2019

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Writ Petition No.30007 of 2019 and W.M.P. No.29911 of 2019 G.Elumalai ... Petitioner Vs 1.The Executive Engineer, The Greater Corporation of Chennai, Zone 13, Ward 180, Part 39, Thiruvanmiyur, Chennai-41.

2.The Assistant Engineer, The Greater Corporation of Chennai, Zone 13, Ward 180, Part 39, Thiruvanmiyur, Chennai-41.

3.The Commissioner, The Greater Corporation of Chennai, Rippon Buildings, Park Town, Chennai-600 003.

4.Venkata Kuppusamy 5.A.Aarthi 6.Tamilarasi Babu 7.V.Ezhilarasi ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus calling for the respondent 1 to 3 to set the law in motion as against the respondents 4-7 in respect of their unlawful and illegal construction encroaching the portions of 13th West Street in the process of putting a construction in the Plot No.E 88, 13th West Street, Kamaraj Nagar, Thiruvanmiyur, Chennai-41 based upon the objection of the petitioner dated 17.07.2019. 1/3

For Petitioner :

Mr.A.Palaniappan For Respondents:

Dr.C.Ravichandran for R1 to 3 Mrs.S.Anuradha Balaji for R4 to 7 *****

O R D E R

[Order of this Court was made by R.SUBBIAH, J] The writ petition has been filed for Mandamus calling for respondents 1 to 3 to set the law in motion as against respondents 4 to 7 in respect of their unlawful and illegal construction encroaching the portions of 13th West Street in the process of putting a construction in Plot No.E 88, 13th West Street, Kamaraj Nagar, Thiruvanmiyur, Chennai-41 based upon the objection of the petitioner dated 17.07.2019. 2.When the matter is taken up for consideration, the learned counsel for respondents submitted that the said property was under lock and seal.

3.Since notice has already been issued for lock and seal to the above said premises, nothing survives for further adjudication in this matter. Accordingly, the writ petition stands dismissed as infructuous. Consequently, W.M.P. No.29911 of 2019 is closed. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar vga 2/3

To 1.The Executive Engineer, The Greater Corporation of Chennai, Zone 13, Ward 180, Part 39, Thiruvanmiyur, Chennai-41.

2.The Assistant Engineer, The Greater Corporation of Chennai, Zone 13, Ward 180, Part 39, Thiruvanmiyur, Chennai-41.

3.The Commissioner, The Greater Corporation of Chennai, Rippon Buildings, Park Town, Chennai-600 003.

+1cc to Mr.A.Palaniappan, Advocate sr.101734 +1cc to Mrs.S.Anuradha Balaji, Advocate sr.100767 +1cc to Dr.C.Ravichandran, Advocate sr.100605 Writ Petition No.30007 of 2019 and W.M.P. No.29911 of 2019 gj(co) nr 20/01/2020 3/3