P.Ganesan v. National Highways Wing,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.12.2022
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. Nos. 31177 and 31178 of 2022 P.Ganesan ... Petitioner -vs1. National Highways Wing Rep. by its Divisional Engineer Government of Tamilnadu [R1 cause title amended vide order dated 29.11.2022 made in W.M.P.
No. 31351 of 2022 in W.P. No.
31731 of 2022 by this Court.]
2. The Commissioner Pallavaram Municipality Chennai - 600 044.
[Now Tambaram Corporation Rep. by its Commissioner Office of Tambaram Municipal Corporation Chennai - 600 045.
3. The Tamil Nadu Electricity Board Represented by its Chairman and Managing Director VI Floor, TANTRANSCO Building 144, Anna Salai Chennai - 600 002.
... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, forbearing the Respondents from 1/5
dispossessing the Petitioner from his business premises admeasuring about 6'X6' at No.33A, 6th Cross Street, New Colony Cross Street Junction, Crhompet, Chennai - 600 044, except in accordance with law. For Petitioner : Ms. S.Shalini For Respondents : Mr. T.Arunkumar Additional Government Pleader (For R1) Mr. P.Srinivas (For R2) Mr. Jai Venkatesh (For R3)
O R D E R
Heard Ms. S.Shalini, Learned Counsel for the Petitioner, Mr. T.Arunkumar, Learned Additional Government Pleader appearing for the First Respondent, Mr. P.Srinivas, Learned Counsel for the Second Respondent and Mr. Jai Venkatesh, Learned Counsel for the Third Respondent and perused the materials placed on record, apart from the pleadings of the parties. 2.
The Writ Petition has been filed to forbear the Respondents from dispossessing the Petitioner from his business premises ad-measuring about 6' X 6' at No. 33A, 6th Cross Street, New Colony Cross Street Junction, Chrompet, Chennai - 600044, except in accordance with law. 2/5
3.
Learned Counsel for the First and Second Respondents, on instructions, states that the actual measurement of the bunk shop is 5' X 8' and not 6' X 6' as claimed by the Petitioner and that the same has not been removed, but has been re-located from the carriageway to the Highways Road margin near the drainage channel at the junction at New Colony Main Road Pavement for free flow of vehicular traffic and public movement.
4.
As nothing remains for consideration, the Writ Petition is disposed. Consequently, the connected Miscellaneous Petitions are closed. No costs. 01.12.2022 Maya Index: Yes/No Note: Issue order copy by 05.01.2023.
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To
1. The Divisional Engineer National Highways Wing Government of Tamilnadu
2. The Commissioner Pallavaram Municipality Chennai - 600 044.
[Now Tambaram Corporation Rep. by its Commissioner Office of Tambaram Municipal Corporation Chennai - 600 045.
3. The Tamil Nadu Electricity Board Represented by its Chairman and Managing Director VI Floor, TANTRANSCO Building 144, Anna Salai Chennai - 600 002.
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P.D. AUDIKESAVALU, J.
Maya 01.12.2022 5/5