Building case cj order

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05.01.2022
CORAM :
THE HON’BLE MR.MUNISHWAR NATH BHANDARI,
ACTING CHIEF JUSTICE
AND
THE HON’BLE MR.JUSTICE P.D.AUDIKESAVALU
W.P.No.995 of 2021
Ajay Francis Loyola .. Petitioner
Vs.
1. The Chief Secretary, Government of Tamil Nadu Secretariat, Fort St.George Chennai-9.
2. The Secretary
Ministry of Housing and Urban Affairs
Government of Tamil Nadu Secretariat, Fort St.George Chennai-9.
3. The Commissioner of Police
No.132, Commissioner Office Building
KVK Sampath Road, Vepery
Periyamet Chennai-7.
4. The Addl. Commissioner of Police Traffic
No.132, Commissioner Office Building
KVK Sampath Road, Vepery
Periyamet, Chennai-7.
5. Chennai Metro Rail Limited Depot
Admin Building Poonamallee High Road Koyambedu.
6. The Regional Officer
National Highways Authority of India
(Ministry of Road, Transport and Highways)
SRI TOWER, 3rd floor DP – 34 (SP), Industrial Estate Guindy, Chennai-32.
7. Greater Corporation of Chennai
No.1131, EVR Periyar Salai Park Town Chennai-3.
8. Chennai Metropolitan Development Authority
Thalamuthu Natarajan House
No.1, Gandhi Irwin Road
Ansari Estate
Egmore, Chennai-8. .. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus seeking from respondents 1 to 8 to ensure that the life of the general public is not harmed in any way and/or by building a temporary bridge.
For Petitioner : Ms.Priya Annie Zachariah
For Respondents : Mr.P.Muthukumar,
State Government Pleader
for R1 to R4
Mr.Jayesh B.Dolia for R5
Mrs.Karthika Ashok for R7 Ms.P.Veena Suresh for R8
No appearance for R6
ORDER
(Order of the Court was made by the Hon’ble Acting Chief Justice)
The writ petition has been filed seeking a direction to the respondents to ensure that the life of the general public not be harmed in any manner, by building a temporary bridge.
2. Learned counsel for the petitioner submits that though the subway has already been constructed, it is not in operation in the absence of inauguration. In the circumstances, a direction be given to the respondents to inaugurate the subway, so that it is put to use for the general public.
3. Learned counsel appearing for the fifth respondent submits that subway has been put to use for the public without inauguration, as it is not required for a subway. In view of the above, the writ petition has become infructuous.
4. We have considered the submissions made by the parties and find that the grievance raised by the petitioner regarding the non-completion of subway or not putting it to the use of the public no more survives as the subway has been put to use without inauguration. As per the statement of learned counsel for the fifth respondent, the public is using the subway.
5. In view of the above, the writ petition has become infructuous and it is accordingly dismissed. There will be no order as to costs. Consequently, WMP No.1092 of 2021 is also dismissed.
(M.N.B., ACJ.) (P.D.A., J.)
05.01.2022
Index : Yes/No kpl/drm
To:
1. The Chief Secretary, Government of Tamil Nadu Secretariat, Fort St.George, Chennai-9.
2. The Secretary
Ministry of Housing and Urban Affairs
Government of Tamil Nadu Secretariat, Fort St.George Chennai-9.
3. The Commissioner of Police
No.132, Commissioner Office Building KVK Sampath Road, Vepery Periyamet, Chennai-7.
4. The Addl. Commissioner of Police Traffic
No.132, Commissioner Office Building KVK Sampath Road, Vepery Periyamet, Chennai-7.
5. Chennai Metro Rail Limited Depot
Admin Building
Poonamallee High Road, Koyambedu.
6. The Regional Officer
National Highways Authority of India
(Ministry of Road, Transport and Highways)
SRI TOWER, 3rd floor DP – 34 (SP), Industrial Estate Guindy, Chennai-32.
7. Greater Corporation of Chennai No.1131, EVR Periyar Salai Park Town, Chennai-3.
8. Chennai Metropolitan Development Authority
Thalamuthu Natarajan House
No.1, Gandhi Irwin Road
Ansari Estate, Egmore, Chennai-8. 
M.N.BHANDARI, ACJ
AND
P.D.AUDIKESAVALU,J.
(kpl)
W.P.No.995 of 2021
05.01.2022