IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 06.12.2010 CORAM : THE HONOURABLE Mr.JUSTICE M.JAICHANDREN W.P.No.21252 of 2010 and M.P.No.1 of 2010 1.C.Pichandi 2.L.T.Kesavan ... Petitioners Vs. 1.The Tamil Nadu Housing Board Rep.by its Chairman Chennai 2.The Executive Engineer and Administrative Officer Tamil Nadu Housing Board Anna Nagar Division, Thirumangalam Chennai-101 3.The Commissioner of Police Egmore, Chennai 4.The Inspector of Police H5 Police Station New Washermanpet, Chennai 5.Kulandaisamy 6 Azariya ... Respondents This writ petition filed under Article 226 of Constitution of India, praying this Court for the issuance of Writ of Mandamus, directing the respondents 1 to 4 to remove the encroachments caused by the respondents 5 and 6 in the open space and the road in HIG 5 Block, in S.No.3946/1 Part, Tondaiyarpet, Senniamman Koil Scheme, Thiruvalluvar Nagar, Chennai-81 and to maintain the open space and https://hcservices.ecourts.gov.in/hcservices/ road as sought by the petitioners vide representation dated 21.08.2010. For Petitioners : Mr.N.A.Nissar Ahmed For Respondents : Mr.A.Vijaya Kumar for RR1 & 2 Mr.S.Gopinathan, AGP, for RR3 & 4 No appearance for R5 Mr.Ramesh Kumar Chopra for R6 O R D E R This writ petition has been filed, praying for a writ of mandamus, to direct the respondents 1 to 4 to remove the encroachments caused by the respondents 5 and 6 in the open space and on the road, in HIG 5 Block, in S.No.3946/1 Part, Tondaiyarpet, Senniamman Koil Scheme, Thiruvalluvar Nagar, Chennai-81. 2.The main contention of the learned counsel for the petitioners is that the respondents 1 to 4 have an obligation to remove the encroachments caused by the respondents 5 and 6, as per the terms and conditions of the Sale Deed, executed by the respondents 1 to 4 in favour of the petitioners. 3.The learned counsels appearing on behalf of the respondents had submitted that the writ petition is not maintainable, in view of the fact that the terms and conditions of the Sale Deed has to be implemented only through a civil forum. Further, it had also been submitted that there is no specific condition in the sale deed that the respondents 1 to 4 have an obligation to remove such encroachments. 4. In view of the submissions made by the learned counsels appearing on behalf of the petitioners, as well as the respondents, this Court is of the considered view that the petitioners have not shown sufficient cause or reason to grant the reliefs, as prayed for in the present writ petition. The petitioners have not been in a position to show that there is a specific condition in the sale deed, entered into between the petitioners and the respondents 1 to 4, by which the said respondents are under an obligation to remove the encroachments caused by the third parties. Even otherwise, it is for the petitioners to move the appropriate civil forum to establish their rights, in accordance with the terms and conditions of the sale deed, entered into between the petitioners and the respondents 1 to 4. As such, the writ petition is devoid on merits. Hence, it is https://hcservices.ecourts.gov.in/hcservices/ dismissed. Consequently, connected miscellaneous petition is closed. No costs. Sd/ Assistant Registrar /True Copy/ Sub Assistant Registrar krk To 1.The Chairman The Tamil Nadu Housing Board Chennai 2.The Executive Engineer and Administrative Officer Tamil Nadu Housing Board Anna Nagar Division, Thirumangalam Chennai-101 3.The Commissioner of Police Egmore, Chennai 4.The Inspector of Police H5 Police Station New Washermanpet, Chennai + 1 CC to Mr.N.A.Nissar Ahmed Advocate SR 87163 + 1 CC to Mr.A.Vijaya kumar Advocate SR 87300 + 1 CC to Govt.Pleader SR 87723 W.P.No.21252 of 2010 NSM(CO) PKS 07/01/2010 https://hcservices.ecourts.gov.in/hcservices/