A PIL regarding encroachment on highways was dismissed as infructuous since the respondents had already removed the encroachments prior to the hearing, making the prayer no longer necessary.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.02.2019
CORAM
THE HONOURABLE DR.JUSTICE VINEET KOTHARI
AND
THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN
W.P.No.21784 of 2017
K.Kasi .. Petitioner
Vs
1. The District Collector,
Thiruvannamalai District
Thiruvannamalai.
2. The Revenue Divisional Officer
Cheyyaru Revenue Divisional Office
Thiruvannamalai.
3. The Tahsildar
Chethupattu Taluk
Chetput.
4. The Chief Engineer
Public Welfare Department
Collectorate
Thiruvannamalai Distrcit.
5. The Zonal Engineer/PWD
Cheyyaru Division
Thiruvannamalai District.
6. The Sub Divisional Zonal
Engineer Highways Department,
Vandhavasi,
Thiruvannamalai District.
(R6-Impleaded as per court
order dt:13.12.2018, made
in WMP No.24765/17 in
WP.21784/17). ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus or any other order or direction in the nature of a Writ to direct
the respondents 1 to 5 herein to remove the encroachment on both side of the Highways of Chennai to Thiruvannamalai Highways from the Village Reddithankal to Arasampatti Village.
For petitioner : Mr. K. Srinivasan For RR1 to 6 : Mr. J.Pothiraj, Special Government Pleader
ORDER
(Order of the court was made by Dr.VINEET KOTHARI, J.) Learned counsel for the respondents submits that the encroachments in question against which grievance was raised in the PIL Writ Petition have since been removed by the respondents. 2. Learned counsel for the petitioner does not dispute this position. 3. The prayer made in the Writ Petition was as follows:“For the reasons set out in the accompanying affidavit, it is prayed that this Hon'ble Court may be pleased to issue a Writ of Mandamus or any other order or direction in the nature of a Writ to direct the respondents 1 to 5 herein to remove the encroachment on both side of the Highways of Chennai to Thiruvannamalai Highways from the Village Reddithankal to Arasampatti Village and pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice.” 4. In view of the aforesaid submissions, the present PIL Writ Petition is dismissed as infructuous. No costs. vsg Sd/Assistant Registrar //True Copy//
Sub Assistant Registrar
To
1 provisions across 1 enactments
K.Kasi
The District Collector, Thiruvannamalai District
The Revenue Divisional Officer, Cheyyaru Revenue Divisional Office
The Tahsildar, Chethupattu Taluk
The Chief Engineer, Public Welfare Department
The Zonal Engineer/PWD, Cheyyaru Division
VINEET KOTHARI
As recorded by the court registry
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