P.Selvakumar v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.09.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU P.Selvakumar ..

Petitioner Vs.

1. The Commissioner Greater Chennai Corporation Rippon Building Chennai 600 003.

2. The Assistant Commissioner Zone No.9, Lake Area 4th Cross Street Nungambakkam Chennai 600 034.

3. The Inspector of Police R-4, Soundarapandianar Police Station Chennai 600 017.

4. Maheshwari

5. P.Karthik

6. The Chairman and Managing Director Tamil Nadu Slum Clearance Board Kamarajar Salai Chennai 600 009.

..

Respondents [R6 impleaded vide order dated 04.04.2022 in WMP No.7699/22] Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents 1 and 2 to remove the encroachment by demolishing the staircase and building constructed by the respondents 4 and 5 in front of their house at Door No.106, Seeranipuram Street, Seeranipuram, T.Nagar, Chennai 600 017, by considering the petitioner's representation dated 11.03.2022.

For the Petitioner : Mr.R.Sathiyaraj For the Respondents : Ms.P.T.Ramadevi for Respondents 1 & 2 Mrs.R.Anitha Special Government Pleader for Respondent-3 Mr.P.B.Ramanujam for Respondents 4 & 5 Mr.G.Venkatesan for Respondent-6

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.R.Sathiyaraj, learned counsel for the petitioner, Ms.P.T.Ramadevi, learned counsel for the respondents 1 and 2, Mrs.R.Anitha, learned Special Government Pleader for the third respondent, Mr.P.B.Ramanujam, learned counsel for the respondents 4 and 5 and Mr.G.Venkatesan, learned counsel for the sixth respondent.

2. According to the petitioner, encroachment is made by the respondents 4 and 5.

3. Counter is filed by the sixth respondent. As per the said affidavit, inspection was done and encroachment is found. The respondent Board has issued notice for eviction of encroachment by the fourth respondent.

4. The fourth respondent may file reply to the said notice. Thereafter, the authorities may take further action in accordance with law.

5. The writ petition is disposed of. There will be no order as to costs. Consequently, W.M.P.No.6890 of 2022 is closed. (S.V.G., CJ.) (P.D.A., J.) 25.09.2023 Index :

Yes/No :

Yes/No kpl To

1. The Commissioner Greater Chennai Corporation Rippon Building, Chennai 600 003.

2. The Assistant Commissioner Zone No.9, Lake Area 4th Cross Street Nungambakkam, Chennai 600 034.

3. The Inspector of Police R-4, Soundarapandianar Police Station Chennai 600 017.

4. The Chairman and Managing Director Tamil Nadu Slum Clearance Board Kamarajar Salai, Chennai 600 009.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(kpl) 25.09.2023