C.Lakshmi v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.03.2024

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR.JUSTICE K.RAJASEKAR C.Lakshmi ... Petitioner Vs.

1. The Commissioner, The Greater Chennai Corporation, Zone - VII, Ambattur.

2. The Regional Joint Commissioner, The Greater Chennai Corporation, Thiru Veeka Nagar, Near Poonga, Shenai Nagar, Chennai - 30.

3. The Tahsildar, Taluk Office, Ambattur.

4. Nagathamman Koil, Rep. by its Trustee Senthil, Kallikuppam Salai, 3rd Lane, Venkatapuram, Ambattur, Chennai - 53.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to remove the encroachment caused by the 4th respondent in public road at Kallikuppam

Road, 3rd Lane, Venkatapuram, Ambattur, Chennai - 53. For Petitioner : Mrs.I.Kowser Nissar For R1 & R2 : Mr.D.B.R.Prabhu, Standing Counsel for Greater Chennai Corporation For R3 : Mr.A.Selvendran, Special Government Pleader For R4 : Mr.L.Chandrakumar

O R D E R

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The Writ of Mandamus has been instituted to direct the respondents 1 to 3 to remove the encroachment caused by the 4th respondent in public road at Kallikuppam Road, 3rd Lane, Venkatapuram, Ambattur, Chennai - 53.

2. The learned counsel for the petitioner would submit that public road is obstructed on account of the encroachments in the pathway leading to the residential house of the writ petitioner. A small Temple also has been constructed. It is needless to state that all such encroachments in the public road are to be removed and free access is to be provided to the residents of that locality. In this context, the authorities of the Chennai

Corporation are bound to conduct a survey with reference to the revenue records and identify the encroachments and thereafter, issue notice to the encroachers by following the procedures, as contemplated under the Act and Rules in force. An opportunity is to be provided to the alleged encroachers for submission of their objections and documents, if any. The said exercise is directed to be completed within a period of 12 weeks from the date of receipt of a copy of this order.

3. Accordingly, the Writ Petition stands disposed of. No costs. (S.M.S.,J.) (K.R.S.,J.) 20.03.2024 skr Index : Yes Speaking order To

1. The Commissioner, The Greater Chennai Corporation, Zone - VII, Ambattur.

2. The Regional Joint Commissioner, The Greater Chennai Corporation, Thiru Veeka Nagar, Near Poonga, Shenai Nagar, Chennai - 30.

3. The Tahsildar, Taluk Office, Ambattur.

S.M.SUBRAMANIAM, J.

and K.RAJASEKAR, J.

skr 20.03.2024