R.Suresh v. The Member Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.03.2019 CORAM :
THE HON'BLE MRS.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE M.DURAISWAMY W.P. No.9642 of 2018 and W.M.P.No.11562 of 2018 R.Suresh .. Petitioner vs.
1 The Member Secretary Chennai Metropolitan Development Authority No.1 Gandi-Irwin Road Egmore Chennai - 8 2 The Commissioner Chennai Corporation Rippon Building Chennai - 3 3 The Commissioner of Police Egmore, Chennai - 8 4 The Managing Director Chennai Metro Rail Ltd., CMRL Depot Poonamalle High Road Koyambedu Chennai 107 5 The Managing Director V.R. Mall No. 44, Pillayar Koil Street Thirumangalam Anna Nagar, Chennai - 40 6 The Managing Director Metrozone, Ozone Projects No. 44, Pillayar Koil Street Thirumangalam Anna Nagar, Chennai - 40 .. Respondents
Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondents 1 to 3 to remove the encroachment on the public road namely, Pillayar Koil Street, Thirumangalam, Chennai, by the 5th respondent and initiate appropriate action. For Petitioner : Mr.G.Muthukumaran For Respondents: Mr.S.Thiruvengadam - for R1 Mr.K.Soundararajan - for R2 Mr.V.Jayaprakash Narayanan Government Pleader (i/c) - for R3 Mr. Jayesh B. Dolia - for R4 Mr.Harshavardhan for Mr.R.Parethasarathy - for R5 Mr.P.V.Balasubramanian - for R6
O R D E R
(Order of the Court was made by The Hon'ble Chief Justice) Heard learned counsel for the petitioner and the learned counsel for the respondents.
2. The petitioner is seeking direction to the respondent Nos. 1 to 3 to remove the encroachment on the public road namely, Pillayar Koil Street, Thirumangalam, Chennai.
According to the petitioner, the said encroachment was put up by respondent No.5
3. The learned counsel for the respondent No.2/Chennai Corporation has tendered his counter-affidavit, wherein it is stated that the disputed road was inspected by the Assistant Engineer, Division No.99 on 04.05.2018 and measurement was taken from the junction of Jawaharlal Nehru Road upto the properties of respondent Nos. 5 and 6 and it was found that the road i.e. Pillayar Koil Street is with a width of 40 feet and no encroachment has been made by the respondent Nos. 5 and 6 as alleged by the petitioner herein. The learned counsel for the Chennai Corporation has also submitted the photographs taken at the time of inspection.
4. In view of the categorical statement made in the affidavit that there is no encroachment made by the respondent Nos. 5 and 6, we are not inclined to entertain the present Writ Petition. Accordingly, the Writ Petition is dismissed. No costs. Consequently, the connected Miscellaneous Petition is closed.
s/d- Assistant Registrar(CS VIII) True Copy Sub-Assistant Registrar Rj To 1 The Member Secretary Chennai Metropolitan Development Authority No.1 Gandi-Irwin Road Egmore Chennai - 8 2 The Commissioner Chennai Corporation Rippon Building Chennai - 3 3 The Commissioner of Police Egmore, Chennai - 8 4 The Managing Director Chennai Metro Rail Ltd., CMRL Depot Poonamalle High Road Koyambedu Chennai 107 5 The Managing Director V.R. Mall No. 44, Pillayar Koil Street Thirumangalam Anna Nagar, Chennai - 40 6 The Managing Director Metrozone, Ozone Projects No. 44, Pillayar Koil Street Thirumangalam Anna Nagar, Chennai - 40
+1 CC to Mr.S.Thiruvengadam, Advocate sr 27129. +1 CC to Mr.P.V.Balasubramanian, Advocate sr 26896. +1 CC to Govt. Pleader sr 782.
+1 CC to Mr.G.Muthukumaran, Advocate sr 26387 W.P. No.9642 of 2018 and W.M.P.No.11562 of 2018 JP(CO) SP(09/04/2019)