L.Mary v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.07.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU L.Mary .. Petitioner Vs 1.The District Collector, Chennai District.
2.The Tahsildar, Madhavaram, Chennai District.
3.The Commissioner, Corporation of Chennai, Rippon Building, Chennai-600 003.
4.The Zonal Officer, Greater Chennai Corporation, Zone-4, Tondiarpet, Chennai-600 021.
5.The Inspector of Police, Law & Order, P-6, Kodungaiyur Police Station, Chennai City.
6.R.Karnan .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents 1 to 4 to remove the encroachment in the public road, viz., Madhavaram Milk Colony Road (Mettu Street) and Manali Road in Thendral Nagar/Burma Colony, Selavoyal, Chennai 51 caused by the sixth respondent or any other person.
For the Petitioner : Mr.G.Bala For the Respondents : Mr.P.Muthukumar State Government Pleader for respondents 1, 2 and 5 : Mr.A.Arun Babu for respondents 3 and 4 : No appearance for respondent No.6
ORDER
(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.G.Bala, learned counsel for the petitioner; Mr.P.Muthukumar, learned State Government Pleader for respondents 1, 2 and 5 and, Mr.A.Arun Babu, learned counsel for
respondents 3 and 4.
2. Learned counsel for the petitioner submitted that the sixth respondent has encroached upon the public road every now and then.
3. Learned counsel for the Corporation submits that on 2.3.2023, the officials of the Greater Chennai Corporation have removed the temporary structure put up by the sixth respondent. It was again pointed out that the sixth respondent has put up temporary structure. The officials of the respondent Corporation removed the temporary structure of the sixth respondent and also warned the sixth respondent not to repeat.
4. Learned counsel for the Corporation also submits that the Corporation would file a criminal complaint, if again the same encroachment is made by the sixth respondent.
5. The respondent Corporation shall take steps to preserve the public road and see that no encroachments are made on the public road.
6. With the above observations, the writ petition is disposed of. There will be no order as to costs.
(S.V.G., CJ.) (P.D.A., J.) 18.07.2023 Index :
Yes/No :
Yes/No bbr
To 1.The District Collector, Chennai District.
2.The Tahsildar, Madhavaram, Chennai District.
3.The Commissioner, Corporation of Chennai, Rippon Building, Chennai-600 003.
4.The Zonal Officer, Greater Chennai Corporation, Zone-4, Tondiarpet, Chennai-600 021.
5.The Inspector of Police, Law & Order, P-6, Kodungaiyur Police Station, Chennai City.
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.
bbr 18.07.2023