Madras High CourtWP/10964/2018disposed of

United Colony Residents v. The Commissioner

2019-07-18Honourable The Chief Justice,Honourable Mr Justice M.Duraiswamy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.07.2019

CORAM

THE HON'BLE MRS.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.10964 of 2018 United Colony Residents Welfare Association Rep. by its President, Bhagavandass Having its Reg. Office at No.84/1 2nd Street, United Colony Kolathur, Chennai - 600 099.

.. Petitioner Vs 1 The Commissioner Corporation of Chennai Rippon Building 2 The Deputy Commissioner Corporation of Chennai Shenoy Nagar, Chennai.

3 The Assistant Commissioner Zone 6, Corporation of Chennai Ayanavaram 4 The Assistant Engineer Zone 6, Kolathur Zone (Ward No. 64) Anjukam Nagar, Kolathur Chennai - 600 099.

5 The Commissioner of Police Greater Chennai City Area E.V.K. Sampath Salai Chennai - 600 007.

6 The Deputy Commissioner of Police Anna Nagar, Chennai.

7 The Assistant Commissioner of Police Villivakkam, Chennai.

8 The Inspector of Police V6, Kolathur Police Station 9 Chennai Siva 10 Eshwaran 11 Sigamaniammal .. Respondents PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the 2nd respondent, the Deputy Commissioner, Corporation of Chennai, Shenoy Nagar to demolish the construction made by the 9th, 10th and 11th respondents in the land belonging to the Corporation of Chennai at Rettairi Junction, Kolathur and remove the bunks placed in the corporation land with the direct supervision of the 6th respondent, the Deputy Commissioner of Police, Anna Nagar within a stipulated period.

For Petitioner : Mr.C.Justeen For Respondents : Mr.V.C.Selvasekaran for respondents 1 to 4 Mr.V.Jayaprakash Narayanan Government Pleader (i/c.) for respondents 5 to 8 Mr.G.Govarthanam for 9th respondent No appearance for 10th respondent Mr.K.Elango for 11th respondent

ORDER

(Order of the Court was made by M.DURAISWAMY,J.) The petitioner association has filed the writ petition to issue a writ of mandamus directing the second respondent, i.e., the Deputy Commissioner, Corporation of Chennai, Shenoy Nagar, to demolish the construction made by respondents 9 to 11 in the land belonging to the Corporation of Chennai at Rettairi Junction, Kolathur and remove the bunks placed in the Corporation land with the direct supervision of the sixth respondent, i.e., the Deputy Commissioner of Police, Anna Nagar, within a time frame.

2. After filing of the writ petition, a third party, i.e., Sri Melmalaiyanur Angalaparameshwari Alayam, represented by its Hereditary Trustee, has filed an impleading petition in W.M.P.No.18312 of 2019 stating that the temple is a proper and necessary party for the proper adjudication of the writ petition.

3. In the said impleading petition, the writ petitioner filed a counter, wherein he has stated that the Corporation officials have locked and sealed the building on 21.7.2018, however they have not taken any action thereafter.

4. Mr.V.C.Selvasekaran, learned counsel appearing for the Corporation of Chennai submitted that the Corporation would proceed further in the matter in accordance with law.

5. In view of the averment made in the counter affidavit filed by the petitioner in the impleading petition to the effect that the Corporation has already locked and sealed the building on 21.7.2018 and the submission of the learned counsel for the Corporation of Chennai that they would proceed further in accordance with law, no further direction need be issued to the Corporation. In such view of the matter, the writ petition is closed. No costs. Consequently, W.M.P.Nos.12872 and 18312 of 2019 are closed.

Sd/- Assistant Registrar(Insp.cell) //True copy// Sub Assistant Registrar sasi To:

1 The Commissioner Corporation of Chennai Rippon Building 2 The Deputy Commissioner Corporation of Chennai Shenoy Nagar, Chennai.

3 The Assistant Commissioner Zone 6, Corporation of Chennai Ayanavaram 4 The Assistant Engineer Zone 6, Kolathur Zone (Ward No. 64) Anjukam Nagar, Kolathur Chennai - 600 099.

5 The Commissioner of Police Greater Chennai City Area E.V.K. Sampath Salai Chennai - 600 007.

6 The Deputy Commissioner of Police Anna Nagar, Chennai.

7 The Assistant Commissioner of Police Villivakkam, Chennai.

8 The Inspector of Police V6, Kolathur Police Station +2cc to Mr.C.Justeen, Advocate SR.No.62278 +1cc to Mr.K.Elango, Advocate SR.No.61611 +1cc to Government Pleader SR.No.61870 W.P.No.10964 of 2018 KS(CO) GMY(21/11/2019)