R.Ravikumar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.06.2024

CORAM

THE HON'BLE MR.JUSTICE S.S.SUNDAR AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR R.Ravikumar : Petitioner versus 1.The District Collector, Collectorate Buildings, Tiruvallur 2.The Municipal Commissioner, Municipal Office, No.1, Sivan Koil Street, Thiruverkadu, Chennai 600077 3.The Tahsildar, Ettima Nagar, Poonamallee, Chennai : Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus directing respondents 1 to 3 to consider the representation of the petitioner dated 31.07.2023 by taking into consideration the recommendation made by the 3rd

respondent to the 2nd respondent for removal of the flag pole and hoardings which has been already erected unauthorisedly in S.F.No.23/33 which is earmarked as Sarkar Poromboke street situated at Bajanai Kovil Street Sundara Cholapuram, Thiruvekadu, Chennai. For the Petitioner :

Mr.G.Vinoth For the Respondents :

Mr.R.Vigneshwaran, Government Advocate, for respondents 1 and 3 Mr.P.Srinivas, Standing Counsel, for the second respondent

ORDER

(Made by S.S.SUNDAR, J.) This writ petition is filed for issuing a writ of Mandamus directing respondents 1 to 3 to consider the representation of the petitioner to take action for removal of flagpole and hoardings that are erected unauthorisedly in S.F.No.23/33, earmarked as Sarkar Poromboke Street, situate at Bajanai Kovil Street, Sundara Cholapuram, Thiruvekadu, Chennai.

2. Learned counsel for the respondents submit that there is no encroachment as of today and everything has been removed.

3. Learned counsel for the petitioner also admits that all the flagpoles and hoardings which were originally erected in Government poromboke land were removed. Learned counsel would however submit that the respondents have now installed a warning sign board, indicating that the subject property is property of Government and that no encroachment shall be permitted. This installation of a warning sign board is now opposed by the petitioner for no valid reasons.

4. The object behind this litigation appears to be to get license for the petitioner to use the entire property for himself without allowing a sign board to prevent encroachment by anyone.

5. Relying on the submissions made by learned counsel for the respondents that there is no encroachment as of today, the writ petition is disposed of. There shall be no order as to costs. Consequently, CMP No.8105 of 2024 is closed.

6. The respondents are directed to ensure that no further encroachment is made by any individual, causing hindrance to the public to have free access through the public road. (S.S.S.R., J.) (N.S., J.) 13.06.2024 Index : Yes/No : Yes/No tar

To 1.The District Collector, Collectorate Buildings, Tiruvallur 2.The Municipal Commissioner, Municipal Office, No.1, Sivan Koil Street, Thiruverkadu, Chennai 600077 3.The Tahsildar, Ettima Nagar, Poonamallee, Chennai

S.S.SUNDAR, J.

AND N.SENTHILKUMAR, J.

(tar) 13.06.2024