O.Ashok v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.02.2023 CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY O.Ashok, Manager, Ficus Grove Apartment Owners Association Ficus Grove Apartments No.72, Janaki Avenue MRC Nagar Main Road R.A.Puram, Chennai - 600 028.
.. Petitioner Vs 1 The Commissioner Greater Chennai Corporation Ripon Building Chennai-03.
2 The Deputy Commissioner Adyar Region, Chennai Corporation No.115, Dr.Muthulakshmi Salai Adyar, Chennai - 20.
3 The Assistant Engineer Division No.171, Zone.13 No.115, Dr.Mutulakshmi Salai Adyar, Chennai - 20.
4 The Deputy Commissioner of Police Mylapore Division, Mylapore Chennai - 04.
5 The State, Rep. by Inspector of Police Law and Order, E5, Foreshore Estate Police Station Chennai - 28.
.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to remove the encroachment in the form of Bunk Shop found Opposite to TVH Tower Chaitanya (Ficus Grove) Apartments, No.72, Janaki Avenue, MRC Nagar, Main Road, R.A.Puram, Chennai-600 028, Ward-171, Zone-13 in accordance with law.
For the Petitioner : Mr.G.Peranban For the Respondents : Mr.A.Arun Babu Standing Counsel for respondents 1 to 3 : Mr.P.Muthukumar State Government Pleader for respondent 4 and 5
ORDER
(Order of the court was made by the Hon'ble Acting Chief Justice) This writ petition has been filed by the petitioner for issuance of a writ of mandamus directing the respondents to remove the encroachment in the form of bunk shop found opposite to TVH
Tower, Chaitanya (Ficus Grove) Apartments, No.72, Janaki Avenue, MRC Nagar, Main Road, R.A. Puram, Chennai-28, Ward No.171, Zone-13.
2. Learned counsel for the petitioner submitted that earlier, the petitioner has filed W.P.No.25056 of 2022 for removal of the bunk shop found opposite to TVH Tower, Chaitanya (Ficus Grove) Apartments and, this Court, by the order dated 4.11.2022, disposed of the said writ petition recording the statement made by learned Standing Counsel for the Greater Chennai Corporation that the encroachment in the form of bunk shop was removed on 28.10.2022. It is stated that again, an encroachment in the form of bunk shop has been made in the said place and the same is to be removed by the respondent Corporation.
3. At this juncture, learned Standing Counsel appearing for the Greater Chennai Corporation submitted that after removal of the bunk shop pursuant to the earlier proceedings of the petitioner in W.P.No.25056 of 2022, again a temporary bunk shop has been
erected in the same place and the authorities of the Greater Chennai Corporation are ready to remove the said temporary bunk shop with the aid of jurisdictional police, if necessity arises.
4. Recording the submission made by learned Standing Counsel for the respondent Greater Chennai Corporation, the writ petition is disposed of. There will be no order as to costs. (T.R., ACJ.) (D.B.C., J.) 15.02.2023 Index :
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To:
1 The Commissioner Greater Chennai Corporation Ripon Building, Chennai-03.
2 The Deputy Commissioner Adyar Region, Chennai Corporation No.115, Dr.Muthulakshmi Salai Adyar, Chennai - 20.
3 The Assistant Engineer Division No.171, Zone.13 No.115, Dr.Mutulakshmi Salai Adyar, Chennai - 20.
4 The Deputy Commissioner of Police Mylapore Division, Mylapore Chennai - 04.
5 The Inspector of Police Law and Order, E5, Foreshore Estate Police Station Chennai - 28.
THE HON'BLE ACTING CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
bbr 15.02.2023