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Madras High CourtWP/1627/2024disposed of

Palm Garden Residents Welfare Association-Akkarai v. The Commissioner Of Greater Chennai Corporation

2024-01-29Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.01.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Palm Garden Residents Welfare Association - Akkarai Rep. by its Secretary CAPT, SHIBU ISSAC No.21, Sai Illam, 4th Street Akkarai (on ECR), Neelangarai Shollinganallur Taluk, Chennai - 600 119.

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Petitioner Vs.

1. The Commissioner of Greater Chennai Corporation Greater Chennai Corporation Chennai - 600 003.

2. The Collector Office of the Collectorate Singaravelar Maligai, Rajaji Salai Chennai - 600 001.

3. The Tahsildar Shollinganallur Taluk, Chennai - 600 119.

4. Chennai Metropolitan Development Authority Rep. by its Chairman Thalamuthu Natarajan Building No.1, Gandhi Irwin Road Egmore, Chennai - 600 008.

5. The Zonal Executive Engineer Zone - XV, No.120, Rajiv Gandhi Salai Sholinganallur, Chennai - 600 119.

6. Palomar by Crossway Rep. by its Proprietor Abbas Saifuddin Deesawala No.166, East Coast Road Akkarai, Chennai - 600 119.

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Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, to direct the 1st respondent to take action to remove the unlawful development and encroachment made by the 6th respondent in 116, East Coast Road, Akkarai, Chennai-600 119 by encroaching on Palm Garden Road, Sai Illam, 1st Street, Akkarai (on ECR), Neelangarai, Shollinganallur Taluk, Chennai-600 119, pursuant to the representation dated 04.10.2023. For the Petitioner : Mr.M.Himavanth For the Respondents : Mr.A.Arun Babu for R1 and R5 Mr.A.Edwin Prabakar State Government Pleader for R2 and R3 Mr.Y.Bhuvanesh Kumar for R4

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.M.Himavanth, learned counsel for the petitioner, Mr.A.Arun Babu, learned counsel for respondents 1 and 5, Mr.A.Edwin Prabakar, learned State Government Pleader for respondents 2 and 3 and Mr.Y.Bhuvanesh Kumar, learned counsel for respondent 4.

2. Learned counsel for respondents 1 and 5 submits that survey would be conducted and if any encroachment or unauthorized construction is found, then immediately, action would be undertaken in accordance with law.

3. In view of the said statement, we are not required to pass further orders. The writ petition, as such, stands disposed of. There shall be no order as to costs. Consequently, W.M.P.No.1663 of 2024 is closed.

(S.V.G., CJ.) (D.B.C., J.) 29.01.2024 Index :

Yes/No :

Yes/No drm To

1. The Commissioner of Greater Chennai Corporation Greater Chennai Corporation Chennai - 600 003.

2. The Collector Office of the Collectorate Singaravelar Maligai, Rajaji Salai Chennai - 600 001.

3. The Tahsildar Shollinganallur Taluk, Chennai - 600 119.

4. The Chairman Chennai Metropolitan Development Authority Thalamuthu Natarajan Building No.1, Gandhi Irwin Road Egmore, Chennai - 600 008.

5. The Zonal Executive Engineer Zone - XV, No.120, Rajiv Gandhi Salai Sholinganallur, Chennai - 600 119.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(drm) 29.01.2024