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2025 DAILYLAW 222832 (MAD)

DILLI GANESH v. PROJECT DIRECTOR

WP/35186/2025 · 2025-10-15

Hemant Chandangoudar, R Suresh Kumar

Transfer Petitionbody2025

Judgment text

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W.P.No.35186 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 15.10.2025 CORAM : THE HONOURABLE MR.JUSTICE R. SURESH KUMAR AND THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR W.P.No.35186 of 2025 Dilli Ganesh .. Petitioner Vs. 1. The Project Director Chennai Kanyakumari Industrial Corridor Project HRS Campus, 76, Sardar Patel Road Little Mount, Guindy Chennai – 600 025. 2. The Chief Engineer (H) (A/c) Chennai Kanyakumari Industrial Corridor Project No.76, Sardar Patel Road, HRS Campus Guindy, Chennai – 600 025. 3. The Divisional Engineer (H) CKICP, Vandavasi, Arni Road TB Campus, Vandavasi Taluk Thiruvannamalai – 604 408. 4. The Assistant Divisional Engineer, CKICP Arakkonam, 2, Nethaji Nagar Sholingar Road, Kainoor Village Opposite to Yamaha Showroom Arakkonam 631 003. 5. Karpagam .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, seeking a writ of mandamus, directing the respondents 1 to 4 to remove the encroachment made by the fifth respondent in S.No.143/12A1 at Kanchipuram, Arakkonam State Highways by considering the representation dated 14.07.2025. https://www.mhc.tn.gov.in/judis W.P.No.35186 of 2025 For the Petitioner : Mr.V.Sundarraman For the Respondents : Mr.A.Selvendran Special Government Pleader for R1 to R4 No Appearance for R5 ORDER (Order of the Court was made by R.SURESH KUMAR, J.) Prayer sought herein is for a writ of mandamus, to direct the respondents 1 to 4 to remove the encroachment made by respondent 5 in S.No.143/12A1 at Kanchipuram, Arakkonam, State Highways by considering the representation dated 14.07.2025. 2. The petitioner is a resident at No.151, Vellaigate Main Road, Thimasamudram, Kanchipuram. It is a patta land where he is residing, however, in front of his patta land, abetting the Highways land, there has been an encroachment made by the fifth respondent and in order to remove such encroachment, already, several times, efforts have been taken by the petitioner by giving representations. Since that has not yielded any results, finally on 14.07.2025, he has given the latest representation and even that has not got any response, therefore, he has approached this Court by filing the present writ petition. Page 2 of 7 https://www.mhc.tn.gov.in/judis W.P.No.35186 of 2025 3. During the last hearing, pursuant to the communication dated 08.01.2025, issued by the Highways Department to the petitioner stating that the encroachment made by the fifth respondent would be removed shortly and by virtue of the said communication, what is the present position has to be stated in a status report, to be filed in this regard, was the directions given by us. 4. Pursuant to the same, today, when the case is taken up for hearing, Mr.A.Selvendran, learned Special Government Pleader appearing for the respondent Highways Department has filed a letter dated 13.10.2025 issued by the fourth respondent, that is the Assistant Divisional Engineer, to the Inspector of Police, Ponneri, stating the following:- “kDjhuh; Fwpg;gpl;Ls;s fw;gfk; vd;gthpd; Of;fil mike;Js;s gFjpapy ; epy khw;wk ; bra;ag;gl;l mstpw;F epyk; kw;Wk; Of;fil mfw;wg;gl;L rhiy mikf;fg;gl;Ls;sJ/ ,J jtpu kpjKs;s gFjpapid Mf;fpukpj;J fw;gfk; vd;gtu; bjhlu;e;J Of;fil elj;jp tUfpwhh;/ ,e;j Mf;fpukpg;gpida[k; mfw;wpl ,tUf;F jhf;fPJ mspf;fg;gl;L njitahd fhy mtfhrKk; tH';fg;gl;lJ/ Mdhy; ,Jehs ; tiu nkw;go Mf;fpukpg;g [ mfw;wg;gltpy;iy/ ,jid bjhlu;e;J nkw;Fwpg;gpl;Ls;s kDjhuh ; Of;filia mfw;w brd;id cau;ePjpkd;wj;jpy ; upl ; kD 35186-2025 jhf;fy ; bra;Js;shh;/ nkYk ; ,th ; gy jfty; cupikr;rl;lk ; 2005 kDf;fisa[k;. c';fs; bjhFjpapy ; Kjy;tu;. Kjy;tu ; Kftup jpl;lk; nghd;wtw;wpYk; gy kDf;fs; mspj;Js;shh;/ https://www.mhc.tn.gov.in/judis W.P.No.35186 of 2025 nkw;Fwpg;gpl;l kDjhuh ; Fwpg;gpl;Ls;s Mf;fpukpg;g [ tUk ; 23/10/2025 md;W fhiy 11/00 kzpf;F ,j;Jiwapduhy ; nkw;go Mf;fpukpg;g[fs; mfw;Wk ; gzp nkw;bfhs;sg;glt[s;sjhy ; jFe;j ghJfhg;g [ tH';FkhW fdpt[ld; nfl;Lf;bfhs;sg;gLfpwJ/ ,izg;g[: ghu;it 2-y; fz;Ls;s kDtpd; efy;/” 5. Relying upon this communication, the learned Special Government Pleader would submit that, already the date has been fixed as 23.10.2025 to remove such encroachment made by the fifth respondent with the help of the Police and therefore, on that date, certainly, the encroachment would be removed with the help of the Police. 6. In view of the aforesaid submission that has been made by the learned Special Government Pleader, by relying upon the written communication of the fourth respondent dated 13.10.2025, where they have already fixed 23.10.2025 as the date for removal of the encroachment of the fifth respondent, by recording the same, we are inclined to dispose of this writ petition with further directions that the said proposal of removal of encroachment of fifth respondent on 23.10.2025 or any other subsequent date shall be complied with without default. Page 4 of 7 https://www.mhc.tn.gov.in/judis W.P.No.35186 of 2025 7. With these directions, the writ petition stands disposed of. However, there shall be no order as to costs. (R.S.K., J.) (H.C., J.) 15.10.2025 Speaking Order/Non-Speaking Order Neutral Citation:Yes/No Internet:Yes/No Index:Yes/No (drm) To: 1. The Project Director Chennai Kanyakumari Industrial Corridor Project HRS Campus, 76, Sardar Patel Road Little Mount, Guindy Chennai – 600 025. 2. The Chief Engineer (H) (A/c) Chennai Kanyakumari Industrial Corridor Project No.76, Sardar Patel Road, HRS Campus Guindy, Chennai – 600 025. 3. The Divisional Engineer (H) CKICP, Vandavasi, Arni Road TB Campus, Vandavasi Taluk Thiruvannamalai – 604 408. 4. The Assistant Divisional Engineer, CKICP Arakkonam, 2, Nethaji Nagar Sholingar Road, Kainoor Village Opposite to Yamaha Showroom https://www.mhc.tn.gov.in/judis W.P.No.35186 of 2025 Arakkonam 631 003. Page 6 of 7 https://www.mhc.tn.gov.in/judis W.P.No.35186 of 2025 R. SURESH KUMAR, J. AND HEMANT CHANDANGOUDAR, J. (drm) W.P.No.35186 of 2025 15.10.2025 https://www.mhc.tn.gov.in/judis