V.G.P.Golden Sea View Residents v. The Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.12.2023
CORAM:
THE HON'BLE MR. JUSTICE S. VAIDYANATHAN and THE HON'BLE MR. JUSTICE K. RAJASEKAR W.P. No.4758 of 2020 V.G.P. Golden Sea View Residents Welfare Association represented by its Secretary in-charge B.R. Subramanian, S/o Ramasamy residing at No.68 B, III Cross Street V.G.P. Layout Part - I Palavakkam Chennai 600 041 Petitioner v The Commissioner Greater Chennai Corporation Ripon Building Poonamallee High Road Chennai 600 003 The Assistant Commissioner, Zone 14 Greater Chennai Corporation No.6/64, Puzhuthivakkam Main Road Chennai 600 091 The Assistant Executive Engineer Zone 14, Unit 141 Corporation of Chennai School Road Perungudi Chennai 600 096 The Commissioner of Police Office of the Commissioner of Police Vepery, Chennai 600 007 1/5
The Deputy Commissioner of Police Traffic South St. Thomas Mount Chennai 600 016 The Inspector of Police Neelankarai Police Station Neelankarai Chennai 600 116 Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents to consider the petitioner's representation dated 06.01.2020 in accordance with law and restore Anna Salai, VGP Main Road and VGP I Cross Street, Palavakkam, Chennai, to their original width and make it free from encroachment.
For petitioner Mr. Adinarayana Rao For RR 1 to 3 Mr. A.C. Mani Bharathi Standing Counsel For RR 4 to 6 Mr. A. Selvendran Special Government Pleader - - - - - - - -
ORDER
(made by S. VAIDYANATHAN, J.) This is a matter concerning removal of encroachment in Anna Salai, VGP Main Road and VGP I Cross Street.
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Today, when the matter was taken up for hearing, the learned Standing Counsel for the Chennai Corporation submitted that the encroachments, seeking removal of which, this writ petition has been filed, have already been removed.
The respondents 5 and 6 have also filed a counter affidavit dated 15.09.2020 reiterating and confirming the submission made by the learned Standing Counsel for the Chennai Corporation. However, according to the learned counsel for the petitioner, the encroachments have not been removed in their entirety. Recording the submissions made by the respondents, we dispose of this writ petition hoping and trusting that the authorities concerned will ensure that the width of the roads, as per the layout, is maintained. We also make it clear that in case, the submission of the learned Standing Counsel for the Chennai Corporation and the averments of the respondents 5 and 6 in their counter affidavit happen to be incorrect, it is open to the petitioner to initiate appropriate action, including initiation of contempt proceedings against the authorities concerned. Costs made easy.
(S.V.N., J.) (K.R.S., J.) 19.12.2023 cad 3/5
S. VAIDYANATHAN, J.
and K. RAJASEKAR, J.
cad To The Commissioner Greater Chennai Corporation Ripon Building Poonamallee High Road Chennai 600 003 The Assistant Commissioner, Zone 14 Greater Chennai Corporation No.6/64, Puzhuthivakkam Main Road Chennai 600 091 The Assistant Executive Engineer Zone 14, Unit 141 Corporation of Chennai School Road Perungudi Chennai 600 096 The Commissioner of Police Office of the Commissioner of Police Vepery, Chennai 600 007 The Deputy Commissioner of Police Traffic South St. Thomas Mount Chennai 600 016 The Inspector of Police Neelankarai Police Station Neelankarai, Chennai 600 116 4/5
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