The main legal point established is that the court will not adjudicate on a matter that has been resolved, and the petition was closed upon learning that the encroachments had been removed.

M. VENUGOPAL, J.

1. The Petitioner has filed the above Writ Petition praying for issuance of a Writ of Mandamus to direct the Respondents 1 to 4 to process the Representations of the Petitioner and expedite necessary steps ensuring the restoration by the removal of obstruction or encroachment being made by the Fifth Respondent on the 24 Feet Public Road comprised in Survey No.458 of Alapakkam Village, Maduravoyal Taluk, Thiruvallur District, abutting the Petitioner's property bearing Door No.108-B, Metro Nagar, Chennai-600 116.

2. Heard the Learned Counsel for the Petitioner, the Learned Standing Counsel appearing for the Respondents 1 to 3 and the Learned Government Advocate appearing for the Fourth Respondent. Insofar the Fifth Respondent is concerned, the Court notice was served to him as early as on 08.10.2016, however, there is no representation on his side either in person or through a Counsel at the time of hearing the present Writ Petition. No counter affidavit is filed by the Respondents.

3. According to the Petitioner, she has purchased the vacant land comprised in Survey Nos.460/2A and 461/1A of Alapakkam Village, Metro Nagar, situate then at Ambattur Taluk, now at Maduravoyal Taluk, Thiruvallur District, measuring an extent of 1189-1/2 Sq.Ft., by means of Sale Deed, dated 05.04.2007 (Vide Document No.1991/2007). She raised a house property in the land by obtaining Planning Permit and Building Approval and is staying with her family in the same house, now bearing Door No.108-B, Metro Nagar, Alapakkam, Chennai-600 116, for the past nine years.

4. The stand of the Petitioner is that the Eastern side of her property to a vast extent, is owned by the Fifth Respondent herein. For the usage of the Public, there was a 24 Feet Road comprised in Survey No.458 on the Southern side of her property, leading from West to East and connected to the main Road, namely, Seventh Avenue of Metro Nagar. They used the said 24 Feet Road on the Southern side of her property and the Fifth Respondent's property for several years without any hindrance. As a matter of fat, as per the Records of the Respondent Nos.1 to 4, it is a 'Public Road' used by the Public. However, in the month of December 2015, the Fifth Respondent had completely encroached the entire Public Road on the Southern side in front of his property under the guise of constructing outlet to direct the flood water. But he had constructed a Compound Wall on the entire Public Road illegally as a hurdle without considering the objections raised by the inhabitants.

5. It is further stated by the Petitioner that she had been to Madurai with her family and at that time, due to the unforeseen raining and flood, the normalcy was paralysed and when she returned from Madurai, she was shocked to find that the entire Road was obstructed by the Fifth Respondent and therefore, she approached the Fifth Respondent along with the local residents and made an endeavour to restore the Road for usage. The Fifth Respondent openly intimidated the Petitioner and the Common People by stating that the 'Public Road' is his own property and whoever objects, would be punished. Moreover, the Fifth Respondent had put up an iron gate abutting the Petitioner's property, thereby caused nuisance to all the residents by parking two-wheelers and four-wheelers on the middle of the Road, as it it is also owned by him. The Rain Water and even the Drizzling Water got logged on the Road without proper drainage, which caused much hardship to the local residents. Thus, the stagnated water became health hazard.

6. The principal grievance of the Petitioner is that the Fifth Respondent is liable to remove the illegal construction put up by him and the Road is to be restored for public usage. Survey No.458 is referred as Government Land in the Adangal and other Revenue Records and also in the boundaries of all Sale Deeds and Title Deeds and it is shown as 24 Feet Road'. The Petitioner lodged complaint to the Respondents 1 an