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Madras High CourtWP/9428/2022disposed of

Bhakya Lakshmi v. The Commissioner

2022-04-20Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 20.04.2022 Coram:

THE HONOURABLE MR.MUNISHWAR NATH BHANDARI, Chief Justice and THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Writ Petition No.9428 of 2022 Bhakya Lakshmi ..Petitioner Vs.

1. The Commissioner, Greater Chennai Corporaiton, Ribbon Building, Chennai.

2. Deputy Commissioner, Greater Chennai Corporation Zone-2, Chennai.

3. Veeraragavan ..Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondents 1 and 2 to remove the encroachment made by the third respondent herein in 30 Ft. Road in Ward No.19, Gomathi Garden, Manali, Chennai, pursuant to the representation dated 02.03.2022.

For petitioner : Mr.T.Muruganantham For respondents: Mrs.Karthika Ashok for RR-1 and 2

ORDER

(The Order of the Court was made by The Honourable Chief Justice) The Writ Petition has been filed to issue direction to the respondents 1 and 2 to remove the encroachment made by the third respondent.

2. Learned counsel appearing for the respondents 1 and 2/Greater Chennai Corporation submitted that the encroachment has been made in 30 Ft. Road in Ward No.19, Gomathi Garden, Manali, Chennai and realising the aforesaid, the Chennai https://hcservices.ecourts.gov.in/hcservices/

Corporation has initiated action, but the third respondent has created obstruction.

3. Since the Chennai Corporation intends to take action in the matter, the Writ Petition is closed, with a direction to the respondents 1 and 2/Greater Chennai Corporation that if any encroachment exists on the said Road, the same may be removed after following the procedures given under the law and after completion of the procedures, any obstruction or hurdle is created by any one encroaching the Road, the Greater Chennai Corporation would take the protection of the jurisdictional Police. The procedures given under the law would be completed expeditiously if any encroachment is found and it would be completed preferably within a period of three months from today. There shall be no order as to costs.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar cs To

1. The Commissioner, Greater Chennai Corporaiton, Ribbon Building, Chennai.

2. Deputy Commissioner, Greater Chennai Corporation Zone-2, Chennai.

+1 CC to Ms. Karthikaa Ashok, Advocate sr 26929 +1 CC to Mr.T.Muruganantham, Advocate sr 27389. Writ Petition No.9428 of 2022 SR(CO) SP(27/04/2022) https://hcservices.ecourts.gov.in/hcservices/