Madras High CourtWP/5500/2017disposed of

E.Muniammal, v. The Commissioner

2017-03-06Honourable The Acting Chief Justice,Honourable Mr Justice M. Sundar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.03.2017

CORAM

THE HON'BLE MR.HULUVADI G.RAMESH, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.SUNDAR W.P.No.5500 of 2017 E.Muniammal .. Petitioner Vs.

1.The Commissioner Corporation of Chennai Ripon Building Chennai-2.

2.The Assistant Commissioner Zone-X, Corporation of Chennai No.117 NSK Salai, Kodambakkam Chennai-600024.

3.The Chairman Tamil Nadu Slum Clearance Board No.5, Kamarajar Salai Chennai-600 005.

4.The Asst. Secretary (Plots) Tamil Nadu Slum Clearance Board No.5, Kamarajar Salai Chennai-05.

5.Kuppu 6.Rani 7.Marimuthu 8.Sengeni 9.Vasudevan 10.Kanaga .. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing respondents 1 to 4 to remove the encroachments made by respondents 5 to 10 in the Public lane connecting from Erikarai Road to reach the Petitioner's property bearing Plot No.129, Door No.91/49A, Erikarai Street,

Virugambakkam, Chennai-600 092 and restore the lane to its original position.

For Petitioner : Mr.S.Sathish Rajan For Respondents : Mr.V.C.Selvasekaran for respondents 1 and 2

ORDER

(Order of the Court was made by the Acting Chief Justice) Mr.V.C.Selvasekaran, learned counsel takes notice for respondents 1 and 2.

2. Heard the learned counsel for the parties.

3. The petitioner has filed this writ petition seeking issuance of a writ of Mandamus directing respondents 1 to 4 to remove the encroachments made by respondents 5 to 10 in the Public lane connecting from Erikarai Road to reach the Petitioner's property bearing Plot No.129, Door No.91/49A, Erikarai Street, Virugambakkam, Chennai-600 092 and restore the lane to its original position.

4. It is case of the petitioner that the passage leading to her house has been encroached by respondents 5 to 10 by putting up some structures.

She made a series of representations to respondent authorities to take steps to remove the encroachments. However, no effective action was taken by the respondent authorities till date. Hence, the present writ petition is filed for the relief stated supra.

5. Considering the narrow scope of the relief sought for in this writ petition, we direct respondents 3 and 4 to look into the matter and take necessary action for removal of encroachments in accordance with law, of course after due notice to respondents 5 to 10 and other encroachers, if any. The said exercise shall be completed within a period of three months from the date of receipt of a copy of this order.

The writ petition is disposed of accordingly. No costs. Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar

To:

1.The Commissioner Corporation of Chennai Ripon Building Chennai-2.

2.The Assistant Commissioner Zone-X, Corporation of Chennai No.117 NSK Salai, Kodambakkam Chennai-600024.

3.The Chairman Tamil Nadu Slum Clearance Board No.5, Kamarajar Salai Chennai-600 005.

4.The Asst. Secretary (Plots) Tamil Nadu Slum Clearance Board No.5, Kamarajar Salai Chennai-05.

+1cc to m/s. S. Sathish Rajan, Advocate Sr. 14308 W.P.No.5500 of 2017 CP(CO) VR(20/03/2017)