T.Sendurpandian v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.12.2023
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY T.Sendurpandian .. Petitioner -vs1. The District Collector, Chennai District, Singaravelar Maaligai, Chennai 600 001.
2. The Tahsildhar, Mylapore-Triplicant Taluk,
3. The Commissioner, Corporation of Chennai, Ripon Buildings, Chennai 600 003.
4. The Executive Engineer, Zone-XIII, Greater Chennai Corporation, L.B.Road, Chennai 600 020.
5. The Assistant Executive Engineer, Unit-40, Greater Chennai Corporation, L.B.Road, Chennai 600 020.
6. The Assistant Engineer, Division No.173, Greater Chennai Corporation, Kamarajar Salai,
7. P.L.Doss @ Arokiya Doss.
8. Perumal
9. The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai 600 034.
(R-9 suo motu impleaded vide order dt.09.02.2023 in WP) 10.Shri Adikesava Perumal Peyalwar Devasthanam, Rep. by its Trustee, Kesava Perumal Sannathi Street, Mylapore, Chennai 600 004.
(R-10 impleaded vide order dt.25.07.2023 made in WP) .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus directing the For the Petitioner :
Mr.V.Ramana Reddy For the Respondents :
Mr.P.Muthukumar, State Government Pleader, for RR 1 and 2 :
Mr.A.Arun Babu Stdg. Counsel for RR 3 to 6 :
Not ready in notice reg. RR 7 and 8 :
Mr.N.R.R.Arun Natarajan Spl. Govt. Pleader for R-9 :
Mr.P.B.Sampath Kumar for R-10 * * * * *
ORDER
(Made by the Hon'ble Chief Justice) We have heard Mr.V.Ramana Reddy, learned counsel for the petitioner, Mr.P.Muthukumar, learned State Government Pleader, for respondent Nos.1 and 2, Mr.A.Arun Babu, learned standing counsel for respondent Nos.3 to 6, Mr.N.R.R.Arun Natarajan, learned Special Government Pleader for respondent No.9 and Mr.P.B.Sampth, learned counsel for respondent No.10.
2. Encroachment is alleged on the public road. It is contended by the learned counsel for the Corporation that the road is not handed over to the Corporation.
3. It is submitted that a civil suit is filed by one of the owners. The said suit went upto Civil Miscellaneous Appeal before this Court and now the matter is remitted before the first Appellate Court to decide the matter on its own merits.
4. The parties may take appropriate steps after the decision is given in the said civil suit.
With this observation, the writ petition is disposed of. There will be no order as to costs.
(S.V.G., CJ.) (D.B.C., J.) 12.12.2023 Index : Yes/No : Yes/No sra To
1. The District Collector, Chennai District, Singaravelar Maaligai, Chennai 600 001.
2. The Tahsildhar, Mylapore-Triplicant Taluk,
3. The Commissioner, Corporation of Chennai, Ripon Buildings, Chennai 600 003.
4. The Executive Engineer, Zone-XIII, Greater Chennai Corporation, L.B.Road, Chennai 600 020.
5. The Assistant Executive Engineer, Unit-40, Greater Chennai Corporation, L.B.Road, Chennai 600 020.
6. The Assistant Engineer, Division No.173, Greater Chennai Corporation, Kamarajar Salai,
7. The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai 600 034.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(sra) 12.12.2023