Uma Jayapal v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.02.2023
CORAM
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Writ Petition No.3988 of 2023 Uma Jayapal ..
Petitioner Vs.
1. The Commissioner Corporation of Chennai Zone 7, Ward 86 Ambattur Chennai 600 053.
2. The Tahsildar Ambattur Taluk Office Ambattur CHennai 600 053.
3. Johnson @ Janakiraman ..
Respondents Prayer: Writ Petition under Article 226 of the Constitution of India praying for a writ of Mandamus directing the respondents 1 and 2 to consider the petitioner's representation dated 29.12.2022 and pass appropriate order to remove the encroachment in the Ayanambakkam
Main Road in S.No.439/3A PT, 439/3B PT, 457/PT, 459/PT, 460/2T, 460/1PT, Block No.8, Sur field, T.S.No.1 at Ambattur. For the Petitioner : Mr.A.Kumar For the Respondents : Mr.Arun Babu Standing Counsel for Respondent-1 Mr.P.Muthukumar State Government Pleader for Respondent-2
ORDER
(Made by the Hon'ble Acting Chief Justice) The writ petition has been filed seeking a direction to the respondents 1 and 2 to consider and pass appropriate orders on the petitioner's representation dated 29.12.2022 for removing the encroachment in the Ayanambakkam Main Road in S.No.439/3A PT, 439/3B PT, 457/PT, 459/PT, 460/2T, 460/1PT, Block No.8, Sur field, T.S.No.1 at Ambattur.
2. The allegation of the petitioner is that the third respondent has encroached a portion of the Ayanambakkam Main Road, due to
which, the public find difficult to use the road. The Land Surveyor, pursuant to the direction of the second respondent, conducted spot inspection and submitted a detailed sketch to the second respondent, stating the encroachment made by the third respondent. Thereafter, no action has been taken by the official respondents.
3. On 29.12.2022, the petitioner made a representation to the first respondent Corporation, as it is the authorised custodian of the road and also empowered to safeguard the road from illegal encroachment. However, the first respondent has not taken any action. Hence, she has come up before this Court.
4. Mr.Arun Babu, learned Standing Counsel appearing for the first respondent, seeks four weeks' time to consider and pass orders on the representation of the petitioner.
5. In view of the above, this writ petition is disposed of, directing the first respondent to consider the representation of the petitioner dated 29.12.2022 and pass appropriate orders, on merits and in
accordance with law, within a period of four weeks from the date of receipt of a copy of this order. It is made clear that if there is any encroachment, the same shall be removed. There will be no order as to costs.
(T.R., ACJ.) (D.B.C., J.) 10.02.2023 Index : Yes/No : Yes/No kpl To
1. The Commissioner Corporation of Chennai Zone 7, Ward 86 Ambattur Chennai 600 053.
2. The Tahsildar Ambattur Taluk Office Ambattur CHennai 600 053.
T.RAJA, ACJ, and D.BHARATHA CHAKRAVARTHY,J (kpl) 10.02.2023