Mr.D.Vembuli, v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.02.2017 CORAM :
The Hon'ble MR.HULUVADI G.RAMESH, ACTING CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P.No.4840 of 2017 AND W.M.P.No.5059 of 2017 D.Vembuli ... Petitioner -vs1.The District Collector, Kanchipuram Collector Office Compound, Kanchipuram - 631 501.
2.The Commissioner, Tambaram Municipality, Tambaram, Chennai.
3.Kumar ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the 1st and 2nd respondents to clear the debris and consequently direct the 2nd respondent to preserve, pave and restore the public road situated at Karnam street joint road connecting the Karnam street with the New Balaji Nagat 1st cut road and Ranganathan street, Selaiyur, Chennai based on petitioner's representation dated 20.01.2017.
For Petitioner :
Mr.M.Vijay Anand For Respondents :
Mr.T.N.Rajagopalan Spl. Government Pleader for R1 Mr.P.Srinivas for R2
ORDER
(Order of the Court was made by The Hon'ble Acting Chief Justice) Mr.T.N.Rajagopalan, learned Special Government Pleader takes notice for respondent No.1 and Mr.P.Srinivas, learned counsel takes notice for respondent No.2.
2. The petitioner has filed this writ petition seeking issuance of a writ of mandamus directing the 1st and 2nd respondents to clear the debris and consequently direct the 2nd respondent to preserve, pave and restore the public road situated at Karnam street joint road connecting the Karnam street with the New Balaji Nagat 1st cut road and Ranganathan street, Selaiyur, Chennai based on petitioner's representation dated 20.01.2017.
3. The petitioner is a resident of Karnam Street, Selaiyur, Chennai. It is alleged that the third respondent encroached the public road and built a compound wall and bathroom. It is stated that on 7.1.2017, the officials of the second respondent/Municipality demolished the unlawful encroachment made in the public road, but have not cleared the debris and other things obstructing the usage of the public road. The petitioner sent a representation to the respondent/authorities on 20.1.2017 to restore the public road to its original position. However, no steps taken have been taken by the respondent/authorities. Hence, the present petition.
4. On hearing the learned counsel for the parties, we direct the second respondent to consider the representation of the petitioner dated 20.1.2017 and do the needful to preserve, pave and restore the public road situated at Karnam street joint road connecting the Karnam street with the New Balaji Nagat 1st cut road and Ranganathan street, Selaiyur, Chennai, at the earliest. The petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar sasi To 1.The District Collector, Kanchipuram Collector Office Compound, Kanchipuram - 631 501.
2.The Commissioner, Tambaram Municipality, Tambaram, Chennai.
+1cc to Mr.M.Vijay Anand, Advocate Sr.12377 +1cc to Mr.P.Srinivas, Advocate Sr.13234 +1cc to the Government Pleader Sr.12751 W.P.No.4840 of 2017 gj ii[co] srg 6/3/2017