Madras High CourtWP/445/2023disposed of

S.Arumugam v. The Zonal Officer

2023-10-03Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.10.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY S.Arumugam : Petitioner versus 1.The Zonal Officer, Zone 4, Greater Chennai Corporation No.266, Thondiayarpet High Road, Old Washermanpet, Chennai 21.

2.The Executive Engineer, Div-44 Zone 4, Greater Chennai Corporation No.266, Thondiayarpet High Road, Old Washermanpet, Chennai 21.

3.The Assistant Executive Engineer, Division 44 Zone 4 Greater Chennai Corporation Nattal Garden, 2nd Street, Perambur, Chennai 600011 4.The Assistant Engineer, Division 44 Zone 4 Greater Chennai Corporation Nattal Garden, 2nd Street, Perambur, Chennai 600011 5.G.Rajendiran 6.G.Ramakrishnan

7.The Chairman, Tamil Nadu Urban Habitat Development Board, No.5, Kamarajar road, Chennai 600005.

: Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 to 3 to clear the encroachment to lay new road in N.V.Natrajan Street, Periyar Nagar, Vyasarpai, Chennai 39, within a stipulated time.

For the Petitioner :

Mr.M.Dharani Dharan For Respondents 1 to 4 :

Mr.A.Arun Babu For 5th respondent :

Mr.S.Thiruvengadam For 7th respondent :

Mr.G.Sivakumar No appearance for 6th respondent

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.M.Dharanidharan, learned counsel for the petitioner, Mr.A.Arun Babu, learned counsel for respondents 1 to 4; Mr.S.Thiruvengadam, learned counsel for the fifth respondent and Mr.G.Sivakumar, learned counsel for the seventh respondent.

2. The petitioner prays for removal of encroachment from the writ land.

3. The learned counsel for the Chennai Corporation submits that encroachment has been removed, and status report to that effect has been filed.

The learned counsel submits that because of monsoon season, laying of road is not possible now and the same would be undertaken in another two/three months.

4. In view of the said statement, the writ petition stands disposed of. There will be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 03.10.2023 Index : Yes/No : Yes/No tar To 1.The Zonal Officer, Zone 4, Greater Chennai Corporation No.266, Thondiayarpet High Road, Old Washermanpet, Chennai 21.

2.The Executive Engineer, Div-44 Zone 4, Greater Chennai Corporation No.266, Thondiayarpet High Road, Old Washermanpet, Chennai 21.

3.The Assistant Executive Engineer, Division 44 Zone 4 Greater Chennai Corporation Nattal Garden, 2nd Street, Perambur, Chennai 600011 4.The Chairman, Tamil Nadu Urban Habitat Development Board, No.5, Kamarajar Road, Chennai 600005.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(tar) 03.10.2023