Mrs.V.Sumithra v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K. GOVINDARAJAN THILAKAVADI V. Sumithra Petitioner vs.

1.

The Commissioner Greater Chennai Corporation Ripon Building Chennai 600 003 The Chairman Metro Water Pumping Station Chintadripet Chennai 600 002 The Tahsildar Madhavaram Taluk Office Gandhi Irwin Road Madhavaram 4.

The Secretary Tamil Nadu Electricity Board No.825 Link Road Triplicane Chennai 600 002 Page Nos.1/4

5.

The Inspector of Police M3 Puzhal Police station 6.

Jagadhisan Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 1 to 5 to remove the encroachment made by R6 in the public pavement (Survey No.164/8) which has a mechanic shed, walls on both the sides with gate and three pillars which obstruct the petitioner from entering his vacant land (Survey No.164/9) situated at No.117/16, Thiru.Vi.Ka. Street, Kathirvedu Village, Chennai District within a time frame. For petitioner Ms. R. Seetha

ORDER

[made by M.SUNDAR, J.] After some arguments, Ms. R. Seetha, learned counsel on record for writ petitioner, sought leave of this Court to withdraw the captioned 'writ petition' (hereinafter 'WP' for the sake of brevity) but made a plea to preserve the rights of the writ petitioner to seek a suitable remedy in a Civil Court. This submission is recorded. To be noted, writ petitioner and R6 are siblings. Though obvious, we make it clear that all the rights and contentions of the writ petitioner and R6 are Page Nos.2/4

preserved for being canvassed in a Civil Court if the Civil Court is approached by either the writ petitioner or R6 or any other party pertaining to the subject matter of the captioned WP. Scanned reproduction of the endorsement made by learned counsel for writ petitioner in the case file is as follows: In the light of the narrative thus far, captioned WP is disposed of as withdrawn/closed albeit with preservation of rights in the aforesaid manner. There shall be no order as to costs. (M.S., J.) (K.G.T., J.) 12.02.2025 cad Index :

Yes/No NC :

Yes/No Page Nos.3/4

M.SUNDAR, J.

and K. GOVINDARAJAN THILAKAVADI, J.

cad To 1.

The Commissioner Greater Chennai Corporation Ripon Building Chennai 600 003 The Chairman Metro Water Pumping Station Chintadripet Chennai 600 002 The Tahsildar Madhavaram Taluk Office Gandhi Irwin Road Madhavaram 4.

The Secretary Tamil Nadu Electricity Board No.825 Link Road Triplicane Chennai 600 002 5.

The Inspector of Police M3 Puzhal Police station 12.02.2025 Page Nos.4/4