Madras High CourtWP/3514/2020disposed of

B.Prakash v. The Commissioner,

2023-09-19Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.09.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU B.Prakash ... Petitioner -vs1. The Commissioner, Corporation of Chennai, Ripon Building, Chennai 600 003.

2. The District Collector, Singaravelar Maligai, District Collector Office, Chennai 600 001.

3. The Regional Deputy Commissioner (Central Region), Door No.36B, 2nd Cross Street, Pulla Avenue, Shenoy Nagar, Chennai 600 030.

4. The Zonal Officer, Zone VI (Thiru-Vi-Ka Nagar), No.5, Anderson Road, Ayanavaram, Chennai 600 023.

5. The Executive Engineer, Zone VI (Thiru-Vi-Ka Nagar), No.5, Anderson Road, Ayanavaram, Chennai 600 023.

6. The Chief Engineer, Tamil Nadu Slum Clearance Board, No.5, Kamarajar Road, Chennai 600 005.

7. The Tahsildar, Purasaivakkam-Perambur Taluk, Chennai 600 011.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents herein to take action against encroachment of the Government land comprised in Survey No.2383/6 situated at Block No.37, Ramanujam Garden Street, Purasaiwalkam Village, Chennai, measuring about 4 Grounds pursuant to the representation of the petitioner dated 21.11.2019 within a time frame to be fixed by this Court. For the Petitioner :

Ms.T.R.Thilagavathi for M/s.C.Devi For the Respondents :

Mr.E.C.Ramesh Stdg. Counsel for RR1 & 3 to 5 :

Mrs.R.Anitha, Spl. Govt. Pleader for RR 2 & 7 :

Mr.S.Karthikeyan for R-6 * * * * *

ORDER

(Made by the Hon'ble Chief Justice) We have heard Ms.T.R.Thilagavathi, learned counsel for the petitioner, Mr.E.C.Ramesh, learned standing counsel for respondent

Nos.1 and 3 to 5, Mrs.R.Anitha, learned Special Government Pleader, for respondent Nos.2 and 7 and Mr.S.Karthikeyan, learned counsel for respondent No.6.

2. The writ petition is vague. Encroachment is alleged on the Government land. However, the encroacher is not made a party. No orders can be passed in the absence of the alleged encroacher. In view of the above, we dispose of the writ petition. The petitioner may approach the authority in case there is an encroachment and the petitioner is aggrieved by the same. There will be no order as to costs.

(S.V.G., CJ.) (P.D.A., J.) 19.09.2023 Index : Yes/No : Yes/No sra To

1. The Commissioner, Corporation of Chennai, Ripon Building, Chennai 600 003.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(sra)