Mr.K.Umapathy, v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.03.2017

CORAM

THE HON'BLE MR.HULUVADI G.RAMESH, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE RMT.TEEKAA RAMAN W.P.No.4137 of of 2017 and W.M.P.No.4285 of 2017 K.Umapathy .. Petitioner Vs.

1 The Commissioner Corporation of Chennai Rippon Buildings Chennai-600003.

2 The Executive Engineer Zone-1 Corporation of Chennai Ward No.VI, Thiruvottiyur Zone No.945/ 276 T.H.Road Thiruvottiyur, Chennai-600 019 3 The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajan Maligai Egmore, Chennai-600 008.

4 The Superintending Engineer State High Ways High Ways Department Teynampet, Chennai-600 018.

5 The Superintending Engineer Tamilnadu Electricity Board Mount Road, Chennai-600 002.

6 Meena 7 Rajan 8 The Project Director, National Highways Authority of India, No.1/54-28, Butt Road, Sri Tower, SP Industrial Area, St. Thomas Mount, Chennai - 600 016.

.. Respondents

(Respondent No.8 impleaded as per order in WMP.No.6034/2017 dt. 21.03.2017) PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the Respondents 1 to 4 to remove all sort of encroachments made over the service road of Madras Oil Refinery 200 Feet Road and Subramania Nagar approved layout Roads without any delay.

For Petitioner : Mr.G.Ilangovan For Respondents : Mr.R.Arunmozhi for respondents 1 and 2 Mr.Rajasrinivas for 3rd respondent Mr.T.N.Rajagopalan Spl. Government Pleader for 4th respondent Mr.R.Dillipkumar for 5th respondent Mr.Jerry V.V.Sundar for M/s.P.Wilson Associates for 8th respondent

ORDER

(Order of the Court was made by the Acting Chief Justice) The petitioner has filed this writ petition seeking issuance of a writ of mandamus directing respondents 1 to 4 to remove all sort of encroachments made over the service road of Madras Oil Refinery 200 feet road and Subramania Nagar approved layout roads.

2. Heard the learned counsel for the petitioner and the learned counsel for the respondents.

3. The learned counsel for respondent No.8 submits that the 200 feet road in question belongs to respondent No.4 and respondent No.4 is the competent authority to remove the encroachments.

4. The learned counsel for the Corporation, on instruction submits that Madras Oil Refinery 200 feet road was maintained by the State Highways Department and the State Highways Department is the competent authority to take action against the encroachers.

5. We, thus, call upon respondent No.4 to cause an inspection to be made of the site within fifteen days of the receipt of the copy of this order and any encroachment found would be removed in accordance with law within a maximum period of two months thereafter.

6. The writ petition, accordingly, stands disposed of. No costs. Consequently, W.M.P.No.4285 of 2017 is closed. -s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar To:

1 The Commissioner Corporation of Chennai Rippon Buildings, Chennai-600003.

2 The Executive Engineer Zone-1 Corporation of Chennai Ward No.VI, Thiruvottiyur Zone, No.945/ 276 T.H.Road Thiruvottiyur, Chennai-600 019 3 The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajan Maligai, Egmore, Chennai-600 008. 4 The Superintending Engineer State High Ways High Ways Department, Teynampet, Chennai-600 018.

5 The Superintending Engineer Tamilnadu Electricity Board Mount Road, Chennai-600 002.

6 The Project Director, National Highways Authority of India, No.1/54-28, Butt Road, Sri Tower, SP Industrial Area, St. Thomas Mount, Chennai - 16 +1 CC to M/s. R. Arunmozhi, Advocate sr 17326 +1 CC to Mr. G. Ilangovan, Advocate sr 17692 +1 CC to M/s. P.Wilson Associates, sr 17526 +1 CC to Mr. K. Raja Srinivas, sr 17382 W.P.No.4137 of 2017 NMI(CO) sp/21/4