(Order of the Court was made by the Acting Chief Justice) Mr.K.Rajasrinivas, learned counsel takes notice for respondent No.1. Mr.V.C.Selvasekaran, learned counsel takes notice for respondent Nos.2 & 3. Mr.M.K.Subramanian, learned Government Pleader takes notice for respondent No.4.
2. Heard the learned counsel for the parties.
3. The petitioner has filed this writ petition seeking issuance of a Writ of Mandamus directing respondents 2 and 3 to take suitable action on the petitioner's representation dated 28.2.2014 forwarded to respondents 2 and 3 by the first respondent by Letter dated 2.5.2014 bearing Letter No.ES2/ 3377/2014.
4. Alleging that respondents 5 and 6 by creating forged documents encroached upon the public road in Survey No.283/2, Velacherry Village and have put up construction, the petitioner made a representation to the first respondent on 28.2.2014. It is stated that the first respondent, in turn, forwarded the said representation to respondents 2 and 3 vide proceedings dated 2.5.2014. However, no action was taken by respondents 2 and 3 till date to remove the encroachment put up by respondents 5 and 6. Hence, the present writ petition is filed for the relief stated supra.
5. It is submitted by the learned counsel for the respondent authorities that a civil suit in respect of the subject land is pending before the Civil Court. That apart, even as per the petitioner, the land in question was subject matter of acquisition proceedings and the same vests with the fourth respondent/Highways Department.
6. Considering the fact that a civil suit is already pending in respect of the impugned land, we hold that the present writ petition has become redundant and it is disposed of as such. However, we make it clear that this order will not preclude the respondent authorities from looking into the matter and doing the needful in accordance with law, if any encroachment as alleged is found.
The writ petition is disposed of accordingly. No costs.
(H.G.R., ACJ.) (M.S., J.) 07.03.2017 Index : No Internet : Yes sasi To:
1 The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajan Building Egmore, Chennai-8.
2 The Commissioner Corporation of Chennai Rippon Buildings Chennai-3.
3 The Executive Engineer Zone No.XIII-Adyar Corporation of Chennai No.118 Dr.Muthulakshmi Salai Adyar, Chennai-20.
4 The Assistant Divisional Enginner (H) Tamil Nadu Highways Department Tambaram Sub Division Chennai-600 100.
HULUVADI G.RAMESH,ACJ.
AND M.SUNDAR,J.
(sasi) W.P.No.5586 of 2017 07.03.2017 http://www.judis.nic.in