G.Malathy, v. The Greater Chennai

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:14.8.2018

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.20962 of 2018 and W.M.P.No.24608 of 2018 G.Malathy Petitioner -Versus1 The Greater Chennai Corporation Rep. by its Commissioner Park Town Chennai-600 003.

2 The Executive Engineer Zone VIII Greater Chennai Corporation No.36-B Pulla Avenue Shenoy Nagar Chennai-600 030.

3 C.D.Rajan 4 C.D.Veerasami 5 C.G.Radhakrishnan 6 T.Rukmani 7 R.Sheeja 8 E.Lakshmi 9 D.Purushothaman 10 Prema Purushothaman 11 A.Jeevanandan 12 Clifford Patric Nunes 13 M.A.Mahalingam 14 S.Pandurangan Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the 2nd respondent to consider and pass orders in the petitioners representation dated 09.07.2018 with regard to the illegal and unauthorized construction dated 09.07.2018 with regard to the illegal and unauthorized construction put up by the respondents 3 to 14 at Door No.29 Vallala Street Aminjikarai Chennai-600 029.

For Petitioner : Dr.P.Vasudevan For RR1 and 2 : Mr.A.Nagarajan, Special Government Pleader https://hcservices.ecourts.gov.in/hcservices/

ORDER

(Order of the court was made by HULUVADI G.RAMESH,J.) Heard the learned counsel appearing for the petitioner and Mr.A.Nagarajan, learned Special Government Pleader, who takes notice on behalf of the official respondents.

2. According to the petitioner, respondents 3 to 14, who are her neighbours are attempting to encroach the road and her property by putting up a new compound wall and in that regard, though she had submitted representation dated 9.7.2018 to the Corporation authorities, no steps have been taken by them and hence, she had come up with the present writ petition.

3. In the circumstances of the case, we make it clear that it is for respondent-authority to do the needful by conducting a survey of the area to find out whether any encroachment is there as alleged by the petitioner and if so, it is for them to proceed in accordance with law. The writ petition is disposed of accordingly. No costs. The connected miscellaneous petition is closed.

ssk.

Sd/- Assistant Registrar(CS V) // True Copy// Sub Assistant Registrar To:

1 The Greater Chennai Corporation Rep. by its Commissioner Park Town Chennai-600 003.

2 The Executive Engineer Zone VIII Greater Chennai Corporation No.36-B Pulla Avenue Shenoy Nagar Chennai-600 030.

+ 1 cc to Dr.P.Vasudevan, Advocate Sr 55865 + 1 cc to Mr.A.Nagarajan, Advocate Sr 56605 KR/5/10/18 W.P.No.20962 of 2018 https://hcservices.ecourts.gov.in/hcservices/