K.Rajappan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.03.2023 CORAM :

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY K.Rajappan .. Petitioner Vs 1.The Commissioner, Chennai Corporation, Rippon Buildings, Chennai-600 003.

2.The Assistant Commissioner, Chennai Corporation, Zone-13, Adyar, Chennai-600 020.

3.The Zonal Officer, Chennai Corporation, Zone-13, Adyar, Chennai-600 003.

4.Gopalakrishnan .. Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents 1 to 3 to take necessary action based on the petitioner's representation dated 5.11.2022 in accordance with law.

For the Petitioner : Mr.M.Jaikumar For the Respondents : Mr.D.B.R.Prabhu Standing Counsel for respondent Nos.1 to 3

ORDER

(Order of the court was made by the Hon'ble Acting Chief Justice) K.Rajappan, son of Krishnan, a resident of No.941, L-1, 39th Cross Street, Thiruvalluvar Nagar, Tiruvanmiyur, Chennai, has filed this writ petition seeking issuance of a writ of mandamus directing respondents 1 to 3 to remove the encroachment made by the fourth respondent by constructing a concrete shed at the front side of 39th Cross Street, Thiruvalluvar Nagar, Tiruvanmiyur by considering the representation dated 5.11.2022.

2. In support of the prayer, learned counsel appearing for the

petitioner has drawn our attention to photographs annexed with the writ petition and demonstrated that there is an encroachment made by the fourth respondent on the road. In this regard, the petitioner has submitted a representation to the respondent authorities on 5.11.2022 and despite receipt of the said representation, no action was taken till date. Hence, the petitioner has been advised to come to this Court.

3. At this juncture, Mr.D.B.R.Prabhu, learned Standing Counsel appearing for the respondent Corporation, submitted that, if two weeks' time is granted to the respondent Corporation, they will inspect the road in question and, if any encroachment is found, the same will be removed.

4. Recording the submission made by learned Standing Counsel appearing for the respondent Corporation, the writ petition is disposed of with a direction to the respondent Corporation to cause an inspection of the road in question and, if any encroachment is found, the same shall be removed, in accordance

with law, within a period of two weeks from the date of receipt of a copy of this order. There will be no order as to costs. (T.R., ACJ.) (D.B.C., J.) 29.03.2023 Index :

No No bbr To:

1.The Commissioner, Chennai Corporation, Rippon Buildings, Chennai-600 003.

2.The Assistant Commissioner, Chennai Corporation, Zone-13, Adyar, Chennai-600 020.

3.The Zonal Officer, Chennai Corporation, Zone-13, Adyar, Chennai-600 003.

THE HON'BLE ACTING CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

bbr 29.03.2023