T.Murugan, v. The Director Of Town And
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.10.2017
CORAM
THE HONOURABLE Mr.JUSTICE M.SATHYANARAYANAN and THE HONOURABLE Mr.JUSTICE N.SESHASAYEE W.P.No.21307 of 2017 and WMP.No.22243 of 2017 T.Murugan ... Petitioner Vs.
1.The Director of Town and Country Planning Chengalvarayan Building Opposite to LIC, IV Floor 807, Anna Salai, Chennai - 600 002.
2.The Commissioner, Corporation of Chennai Rippon Building Chennai - 600 003.
3.The District Collector Tiruvallur District Tiruvallur.
4.The Tahsildar Thiruvottiyur Chennai - 600 019.
5.K.Baskaran ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus to direct the respondents 1 to 4 to take appropriate legal action against the illegal construction put up by the fifth respondent at Angalamman Koil Street and 3rd Street in Anna Nagar, Ennore, which is more specifically described and shaded in red in the schedule annexed to this petition and proceed against the same in accordance with law.
For Petitioner : Mr.G.A.Thiyagarajan For Respondents : Mr.A.N.Thambidurai Spl.Govt. Pleader [R1,3,4] Mr.A.Nagarajan [R2] Mr.K.B.Vivekandhan(R5)
O R D E R
[Order of the Court was made by M.SATHYANARAYANAN,J.] By consent, the writ petition is taken up for final disposal.
2. The petitioner claims to be the owner of the land and superstructure bearing Door No.11, 3rd Street, Anna Nagar, Chennai - 600 057 and this street (3rd Street Anna Nagar) connects Ennore High Road on the western side, as well as a small street called Angalamman Koil Street on the eastern side. The grievance expressed by the petitioner is that the fifth respondent's plot is located opposite to his plot and that the fifth respondent had encroached upon his portion of the land illegally and started putting up a superstructure, thereby causing hindrance to the residents of the said street. In this regard, the petitioner had sent individual representations dated 19.4.2017 to the respondents 2 to 4 and in response to the said representation received by the third respondent on 04.05.2017, the third respondent had communicated it to the fourth respondent, the Tahsildar, Thiruvottiyur, Chennai-19 and he has been addressed to do the needful in this regard.
3. The learned counsel appearing for the petitioner would submit that the petitioner is a land encroacher of the public road and not stopping with that, had also put up an unauthorised construction abutting the road. Therefore, the petitioner has filed this writ petition praying that necessary remedial action be taken to remove the illegal unauthorised construction.
4. Mr.A.N.Thambidurai, learned Special Government Pleader appearing for the respondents 1, 3 and 4 and Mr.A.Nagarajan, learned Standing Counsel appearing for the second respondent has invited the attention of the Court to the counter affidavit of Greater Corporation of Chennai and would submit that the Zonal Officer Zone-1, Corporation of Chennai had addressed a letter dated 30.08.2017 to the Special Tahsildar Town Settlement, Kathivakkam, Ennore requesting him to inspect the land in question and furnish a report. Accordingly, the Special Tahsildar Town Settlement, Kathivakkam, Ennore had sent a reply vide Na.Ka.No.12/2017 dated 05.09.2017, stating that the fifth respondent had encroached upon the road portion admeasuring to an extent of 1.83 sq.mtr. and he had also put up a staircase and that action has been initiated against the fifth respondent, by issuing a notice under Section 220 read with Section 222 of the Chennai City Municipal Corporation Act, 1919 and that further
action would also follow as per the said Act.
5. This Court has considered the rival submissions and perused the materials placed before it.
6. In view of the fact that, in connection with the representation given by the petitioner, action has been initiated by the Greater Corporation of Chennai against the fifth respondent, by issuing a notice dated under Section 220 read with Section 222 of the Chennai City Municipal Corporation Act, 1919, therefore, nothing survives for adjudication in the present writ petition. However, Zonal Officer, Zone-I, Greater Corporation of Chennai, is directed to proceed further in accordance with law with regard to the encroachment and unauthorised construction put up by the fifth respondent and after putting him on notice, to take necessary steps as expeditiously as possible and communicate the decision taken, to the petitioner as well as the fifth respondent.
7. The writ petition stands disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar ds To:
1.The Director of Town and Country Planning Chengalvarayan Building Opposite to LIC, IV Floor 807, Anna Salai, Chennai - 600 002.
2.The Commissioner, Corporation of Chennai Rippon Building Chennai - 600 003.
3.The District Collector Tiruvallur District Tiruvallur.
4.The Tahsildar Thiruvottiyur Chennai - 600 019.
5.The Zonal Officer Zone-I Grater Corporation of Chennai, Chennai.
+1cc to Mr.G.A.Thiyagarajan Advocate, S.R.No. 77001/17 +1cc to the Government Pleader, S.R.No. 77633/17 +1cc to Mr.K.B.Vivekandhan Advocate, S.R.No. 77432/17 W.P.No.21307 of 2017 SV (CO) TR(20/11/2017)