M.Ravichandran v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.03.2022

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA and THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP W.P.No.5439 of 2022 M.Ravichandran ... Petitioner -vs1. The Commissioner,

2. Zonal Officer 9,

3. Executive Engineer Z-9,

4. Assistant Executive Engineer Unit-24,

5. Assistant Engineer Divn.118,

6. Junior Engineer Divn.118,

7. S.Premkumar

8. Chandra

9. K.Samivel 10.J.Saralakumari 11.R.Ethiraj 12.K.Raman ... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking for issuance of a Writ of Mandamus, directing the respondents 1 to 6 to take action against the respondents 7 to 12 for encroaching the storm water drain and the footpath of Varadarajapuram Main Road, Teynampet, Chennai-600 018 and consequently, directing the respondents 1 to 6 to remove the present encroachment and prevent any/or other future encroachments of the said Varadarajapuram Main Road, Teynampet, Chennai-600 018.

For Petitioner : Mr.T.Mohan for Mr.Abinav Parthasarathy For Respondents : Mr.R.Gopinath, 1 to 6 Standing Counsel

ORDER

(Order of the Court was made by T.RAJA, J.) This Writ Petition has been filed seeking issuance of a Writ of Mandamus, directing the respondents 1 to 6 to take action against the respondents 7 to 12 for encroaching the storm water drain and the footpath of Varadarajapuram Main Road, Teynampet, Chennai-600 018 with a consequential direction, directing the respondents 1 to 6 to remove the present encroachment and prevent any/or other future encroachments of the said Varadarajapuram Main Road, Teynampet, Chennai-600 018. 2.

When the matter was called today, learned Counsel for the petitioner drawing our attention to the photographs enclosed with the typed set of papers at Page Nos.43 to 45 stated that it is writ large, the encroachments made by the encroachers are visible from the photographs, therefore, there would not be any delay or hesitation on the part of the officials respondents to remove the same.

3.

Learned Standing Counsel for the respondents 1 to 6 agreeing with the said statement of the learned Counsel for the petitioner, sought for 4 weeks time to remove the encroachments. 4.

In view of the above, the official respondents are directed to take action against the respondents 7 to 12 for encroaching the storm water drain and the footpath of Varadarajapuram Main Road, Teynampet, Chennai-600 018, within a period of four weeks from the date of receipt of a copy of this Order and prevent the other future encroachments in the said Varadarajapuram Main Road, Teynampet, Chennai-600 018. Needless to mention that notice to be issued to the alleged encroacher before action is taken.

5.

With the above direction, the Writ Petition is disposed of. No costs.

SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR tsi To

1. The Commissioner,

2. The Zonal Officer 9,

3. The Executive Engineer Z-9,

4. The Assistant Executive Engineer Unit-24,

5. The Assistant Engineer Divn.118,

6. The Junior Engineer Divn.118, +1cc to Mr.Abihnav Parthasarathy, Advocate Sr.17325 +1cc to Mr.R.Gopinath, Advocate Sr.17327 W.P.No.5439 of 2022 mt[co] srg 30/03/2022