Venkata Krishnan Subramani Vs The Commissioner

Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus, directing the respondents 1 to 3 herein to comply with the notice dated 01.02.2022 so as to remove the encroachment on the 30 feet Bhuvaneshwari Nagar Extension Road, presently known as Greater Chenani Corporation Street, comprised in Survey No.34, Block No.193, mentioned in the Town Survey Land Register, corresponding Old Survey No.317/1A2A2A1A1A1A1A1A, PT, and lay a permanent road thereon, within a time.

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For Petitioner:	Mr.R.Ramkumar
	for Ms.MaliniGeorge
For Respondents:	Mr.A.Arun Babu
	Standing Counsel, for R1 to R3
	Mr.K.S.Vaithiyanathan, for R4

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ORDER

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(Order of the Court was made by M.Sundar J.)

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Mr.R.Ramkumar, learned counsel representing Ms.Malini George,

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counsel on record for writ petitioner, Mr.A.Arun Babu, learned Standing Counsel for official respondents (R1 to R3) and Mr.K.S.Vaithiyanathan, learned counsel for private respondent (R4) are before us.

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Page Nos.2/10

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https://www.mhc.tn.gov.in/judis

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W.P.No.23013 of 2022

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Learned counsel for writ petitioner submits that a 'communication dated 01.02.2022 bearing reference Ma.A.13.Na.Ka.No.6399/2021 from the Assistant Engineer of GCC to R4' {hereinafter 'said communication' for the sake of brevity, convenience and clarity} is sought to be enforced.

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3.In and vide said communication, GCC has alleged that R4 has committed encroachment to an extent of 795 sq.m in S.No.193/34 situate at V.G.P.Selva Nagar, 2nd Main Road, Division 179, Part 39, Zone-13. This S.No.193/34 shall be referred to as 'said land' for the sake of brevity, convenience and clarity.

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From the submissions made before this Court, it comes to light that there is no disputation or disagreement that R4 and his spouse have filed a civil suit in C.S.No.67 of 2022 arraying State i.e., District Revenue Officer, Revenue officials, GCC and private individuals as defendants. To be noted, the writ petitioner before us is D9 in the said suit. The suit has been filed with prayers for declaration of title, consequential injunction and declaration qua communications issued by the revenue authorities and GCC. One of the limbs of prayer seeks a declaration that said communication which is the fulcrum of the captioned main writ petition is null and void.

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Page Nos.3/10

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https://www.mhc.tn.gov.in/judis

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W.P.No.23013 of 2022

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This suit is in an advanced stage and an interim order granted in a intra-

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Court appeal [O.S.A.No.267 of 2022 and C.M.P.No.17194 of 2022 thereat]

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is operating.

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5.We also find that D7 and D8 in the suit (C.Prabhu and C.Ramesh) have earlier come to this Court vide W.P.No.27210 of 2021 arraying R4 before us as R6 along with other official respondents and this writ petition was disposed of by another Hon'ble Division Bench vide an order dated 20.06.2023 and a scanned reproduction of the same is as follows:

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Page Nos.4/10

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https://www.mhc.tn.gov.in/judis

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W.P.No.23013 of 2022

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Page Nos.5/10

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https://www.mhc.tn.gov.in/judis

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W.P.No.23013 of 2022

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Page Nos.6/10

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https://www.mhc.tn.gov.in/judis

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W.P.No.23013 of 2022

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Page Nos.7/10

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https://www.mhc.tn.gov.in/judis

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W.P.No.23013 of 2022

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There is unanimity as amongst all learned counsel before us that the

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parties will now have to stand bound by the decree in the aforementioned suit subject of course to further appeal, if any.

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In this view of the matter, considering the facts and circumstances of the case and nature of the matter, we are of the considered view that the mandamus prayer qua said communication should yield to the verdict in the suit. This by itself is sufficient to give a closure to the captioned writ petition. Though obvious, we make it clear that we have not expressed any view or opinion one way or the other regarding said communication or any other aspect of the matter as all questions are left open to be decided in the afore-referred suit.

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