P. RAVI Vs. ASSISTANT DIVISIONAL ENGINEER AND OTHERS

JUDGEMENT

(1.) By consent, the writ petition is taken up final disposal. Mr.A.N.Thambidurai, learned Special Government Pleader accepts notice for the respondents 1 to 4.

(2.) The petitioner on an earlier occasion, had approached this Court by filing WP.No.21728 of 2017, praying for the issuance of writ of Mandamus directing the respondents 1 and 2 who are also arrayed as respondents 1 and 2 herein, to forthwith remove the encroachment of the 5th respondent herein on the State Highway, Gummidipoondi Town, Thiruvallur District in front of S.No.234/1B1A and 215, Pethikuppam Village, Gummidipoondi Taluk, Thiruvallur District within a stipulated time as fixed by this Court and this Court vide final order dated 28.08.2017 had granted liberty to the petitioner to invoke the provisions of the Right to Information Act and to obtain information and thereafter to workout his remedy. Accordingly, the petitioner has got information under the Right to Information Act and approached the 2nd respondent and the 2nd respondent vide Memo dated 04.12.2017 has sent a notice to the 5th respondent stating that inspection was carried out and land measuring to an extent of 60 sq.feet in S.No.234/1B1A, Pethikuppam Village as well as land belonging to National Highways admeasuring to an extent of 320 sq.feet are in encroachment and therefore, action to be taken under the Provisions of Tamil Nadu Highways Act, 2001.

(3.) The petitioner would further state that the 5th respondent had also responded to the said notice and prayed for some time to vacate the place and thereafter, the 2nd respondent has sent a communication to Thiruvalarkal. Paneer and Balaji, who are said to be the Tenants under the 5th respondent for removal of encroachment and also requested the 3rd respondent as well as the Jurisdictional TANGEDCO official, to render necessary assistance. Despite that no appropriate action has been taken on the part of the respondents against the 5th respondent and hence the petitioner is constrained to approach this Court by filing this writ petition.