JUDGMENT :

N. Kirubakaran, J.

1. This Writ Petition has been filed seeking a Writ of Mandamus forbearing the official Respondents from permitting Respondents 6 & 7 to encroach upon 33 feet wide Public road leading from Habibullah Road to Vidhyodaya First Cross Road, which is classified as a road in the Revenue records or put up any illegal construction' therein, by considering the Petitioner's Representation, dated 1.4.2017.

2. The case of the Petitioners is that they are residents of Vidhyodaya Colony, which was developed in 1940s. The original Layout would clearly spell out the Arterial roads and the main entrance to the Colony is through Prakasam Street and Habibullah Road. The 7th Respondent purchased 14 grounds of land. However, it claims right over nearly 18 grounds usurping the road namely 33 feet road connecting Habibullah Road and Prakasam Street. Respondents 6 & 7 has also got Patta in the year 2010 for 18 grounds suppressing the fact that they purchased only 14 grounds by including 33 feet road abutting eastern side, which is a Public road by unlawful means. The Public and the Residents of the area are being stopped from using the said Public road.

3. Further, the said area is primarily a Residential Zone. However, the 6th & 7th Respondents are trying to put up a Multi-storied Mall, Multiplex Theatres, which would suffocate the entire area and choke the traffic system causing pollution. Without even having any Approved Plan, Respondents 6 & 7 are trying to put up illegal construction. Earlier, there was an attempt to put up construction and therefore, the Petitioners filed C.S. No. 649 of 2013 against private Respondents before this Court for the following reliefs:

(i) Declaration that the lease executed by D1 & D2 in favour of D3 in respect of A Schedule property is invalid;

(ii) Permanent Injunction restraining the Third Defendant, their men, agent, servants, etc. from putting up construction of Multi-storeyed Buildings, Malls, etc. in the Suit Schedule 'A' property;

(iii) For Mandatory Injunction directing the 4th Defendant to restore the 'B' Schedule property to its original status (i.e.) 33 feet wide Public road leading from Habibullah Road to Vidhyodaya First Cross-Street; and

(iv) Permanent Injunction restraining Defendants 4 & 5 from granting approval to any construction in violation of Statutory provisions as per Schedule A property situate at Door No. 16/153, Habibullah Road, T. Nagar, Chennai-600 017 in Survey Nos. 4820, 4879/1, 4879/2, Block No. 110, Mambalam - Guindy Taluk, Chennai District.

The said Suit is pending before this Court.

4. When the said Suit is pending, Respondents 1 to 5 granted permission to Respondents 6 & 7 to put up Multi-storied Building with Swimming Pool including 1400 seating capacity Marriage Hall and Club House. Therefore, the Petitioners sent a Representation to the Respondents 1 to 5 on 1.4.2017. Since no action has been taken and Respondents 6 & 7 are trying to pursue with the construction, the Petitioners have come before this Court.

5. Heard Mr. P. Valliappan, learned Counsel for the Petitioners; Mr. AX. Somayaji, learned Senior Counsel for Respondents 6 & 7; Mr. K. Venkataramani, learned Additional Advocate General assisted by Mr. R. Vijayakumar, learned Additional Government Pleader for Respondents 1, 2 & 5; Mr. Nagarajan, learned Counsel for the 3rd Respondent and Mr. C. Johnson, learned Counsel for the 4th Respondent.

6. Mr. P. Valliappan, learned Counsel for the Petitioners would submit that on the Eastern side of Nadigar Sangam, there is a Lane which connects Habibullah Road with Prakasam Lane, formerly known as Abdul Aziz Mutali Lane measuring about 33 feet. However, the 6th & 7th Respondents encroached upon the said Lane and annexed the Lane along with their properties blocking the entire Lane, which has been in existence for the use of the Residents in that area. Therefore, the said Lane has to be restored and there cannot be any construction in the said Lane by Respondents