The Periyar Nagar Educational And v. The Greater Chennai Corporation
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.03.2023
CORAM
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY The Periyar Nagar Educational and Charitable Society (Vide Regn. No.260/1986) Rep. by its President C.Thankamony ...
Petitioner Vs 1.The Greater Chennai Corporation Rep. by its Commissioner Ripon Buildings, Chennai-600 003.
2.The Regional Deputy Commissioner Greater Chennai Corporation Shenoy Nagar, Chennai-600 030.
3.The Zonal Officer Zone-VI, Greater Chennai Corporation Chennai-600 012.
4.Mathiazagan 5.Kannika Parameswari ...
Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing respondents 1 to 3 to remove the illegal encroachment of the shed in the Public Road of 15th, 3rd Cross Street, Periyar
Nagar, Chennai-82 based on the petitioner's representations dated 16.03.2022 and 25.04.2022.
For the Petitioner :
Mr.M.Balasubramanian For the Respondents :
Mr.A.Arun Babu, Standing Counsel (Chennai Corporation) for respondents 1 to 3
ORDER
(Made by the Hon'ble Acting Chief Justice) Seeking a direction upon the official respondents to remove the encroachment made by respondents 4 and 5, the petitioner has filed this writ petition.
2. It is the case of the petitioner that the petitioner society has constructed a new school building in Periyar Nagar, Chennai and put up a compound wall with gate located in 15th, 3rd Cross Street Junction. Just opposite the school gate, on the public road, respondents 4 and 5 have put up a shed, under the guise of a temple, and thereby cause obstruction to the free ingress and egress to the school. In this regard, the petitioner society has given representations on 16.03.2022 and 25.04.2022; however, no action has been taken by the respondents. Hence, the present writ petition has been filed.
3. Mr.P.Muthukumar, learned State Government Pleader submits that the representations of the petitioner would be considered and action would be taken by the first respondent in four weeks' time.
4. Recording the said submission of the learned State Government Pleader, the writ petition is disposed of directing the first respondent to conduct a survey, and if any encroachment is found, issue notice to the encroachers and remove the same. The entire exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order. There will be no order as to costs. WMP No.6738 of 2023 is closed.
(T.R., ACJ.) (D.B.C., J.) 07.03.2023 Index : Yes/No : Yes/No tar To 1.The Commissioner Greater Chennai Corporation Ripon Buildings, Chennai-600 003.
2.The Regional Deputy Commissioner Greater Chennai Corporation Shenoy Nagar, Chennai-600 030.
3.The Zonal Officer Zone-VI, Greater Chennai Corporation Chennai-600 012.
T.RAJA, ACJ, and D.BHARATHA CHAKRAVARTHY, J.
(tar) 07.03.2023