R.Srinivasan v. The Divisional Manager
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.01.2023 CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY R.Srinivasan .. Petitioner Vs 1.The Divisional Manager, Chennai Division, Southern Railways, Chennai-3.
2.The Section Engineer (Works) Ennore Division Southern Railways, Ennore, Chennai.
3.The Station Manager, Gummidipoondi Railway Station, Gummidipoondi-601 201.
4.Amulu 5.Sankar 6.Lalitha .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 1 to 3 forthwith to remove the encroachment made in the land belongs to
the first respondent leading to the passage to Gummidipoondi Railway Station, Gummidipoondi, Tiruvallur District based on the representation made by the petitioner dated 28.10.2022 so as to enable the public to use the same for free ingress and egress for the public usage at large.
For the Petitioner : Mr.N.Umapathi For the Respondents : Mr.K.Srinivasamoorthy for respondent Nos.1 to 3
ORDER
(Order of the court was made by the Hon'ble Acting Chief Justice) R.Srinivasan, son of Ramakrishnan, a resident of Gummidipoondi, Thiruvallur District, has filed this writ petition seeking issuance of a writ of mandamus to direct respondents 1 to 3 forthwith to remove the encroachment made in the land belonging to the first respondent leading to the passage to Gummidipoondi Railway Station, Gummidipoondi, Tiruvallur District, based on the representation made by the petitioner dated 28.10.2022 so as to enable the public to use the same for free ingress and egress for the public usage at large.
2. Mr.N.Umapathi, learned counsel for the petitioner, would submit that a portion of the vacant land measuring an extent of 18 acres comprised in S.No.614/8B2, which belongs to the Railways, has been encroached by respondents 4 to 6 by erecting shops, obstructing the public from using the passage to Gummidipoondi Railway Station. The petitioner sent a representation on 28.10.2022 requesting respondents 1 to 3 to take appropriate action to remove the encroachments. As the said representation did not evoke any response, the present writ petition has been filed.
3. Mr.K.Srinivasamoorthy, learned counsel taking notice on behalf of respondents 1 to 3, submitted that the respondent authorities shall consider the representation of the petitioner dated 28.10.2022 and take appropriate action in accordance with law within four weeks from the date of receipt of a copy of this order.
4. In view of the above, the writ petition is disposed of with a direction to respondents 1 to 3 to consider the representation of the petitioner dated 28.10.2022 and take appropriate action in
accordance with law within a period of four weeks from the date of receipt of a copy of this order. Needless to mention that if any encroachment is found, respondents 1 to 3 are at liberty to remove the same. There will be no order as to costs. (T.R., ACJ.) (D.B.C., J.) 27.01.2023 Index :
No No sasi To:
1.The Divisional Manager, Chennai Division, Southern Railways, Chennai-3.
2.The Section Engineer (Works) Ennore Division Southern Railways, Ennore, Chennai.
3.The Station Manager, Gummidipoondi Railway Station, Gummidipoondi-601 201.
THE HON'BLE ACTING CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(sasi) 27.01.2023