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Madras High CourtWP/1265/2014disposed of

Captain G.N.Venkatrajaram v. The Commissioner

2017-01-23Honourable The Chief Justice,Honourable Mr Justice M. Sundar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.01.2017 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.SUNDAR W.P.No.1265 of 2014 and M.P.Nos.1 to 3 of 2014 1.Captain G.N.Venkat Rajaram 2.G.V.Anand Bushan 3.R.Sriram Managing Director, Saag RR Infra Ltd.

4.R.Sriram 5.S.A.Bhimraj ... Petitioners -Vs1. The Commissioner, Corporation of Chennai, Ripon Buildings, Chennai 600 003.

2. The Zonal Officer, Zone X, Corporation of Chennai, Velacherry, Chennai 600 042.

3. The Collector, Chennai District, Chennai 600 001.

4. The Commissioner of Police, Greater Chennai, Chennai 600 008.

5. The Chairman, The Tamilnadu Electricity Board, 144, Anna Salai, Chennai 600 002.

... Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the respondents to remove all the illegal and unlawful encroachments in the platforms adjacent to petitioners' complex 'Kashyap Enclave', at No.13/D, Velachery Main Road, Velachery, Chennai 600 042, (Ward No.153-Zone X, Corporation of Chennai) and consequently further direct the respondents to pay adequate compensation for the damages caused to the petitioners.

For Petitioners :

Mr.V.Deenadayalan For Respondents :

Mr.V.C.Selvasekaran for RR 1 and 2 :

Mr.R.Vijayakumar Additional Government Pleader for RR 3 and 4 :

No appearance for R-5

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) The petitioners seek a direction against the respondents to remove all illegal and unlawful encroachments in the platforms adjacent to petitioners' complex, 'Kashyap Enclave' at No.13/D, Velachery Main Road, Velachery, Chennai-42 (Ward No.153-Zone X). 2.The petitioners have, along with the petition, filed the photographs which show that some of the encroachments are not confined to the adjacent area to the above road, but also there have been multi-storied structures built with air-conditioners installed. The Boards installed show that these are being used for commercial purposes. We wonder as to how such encroachments can escape the attention of the respondent Corporation. It is certainly not invisible.

3.We direct the Corporation to carry out an inspection of the site within fifteen (15) days from the date of receipt of the order and wherever encroachments are found, to take action in accordance with law and conclude the same within a maximum period of three (3) months thereafter.

Writ petition, accordingly, stands disposed of. No costs. Consequently, M.P.Nos.1 to 3 of 2014 stand closed. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar sra

To

1. The Commissioner, Corporation of Chennai, Ripon Buildings, Chennai 600 003.

2. The Zonal Officer, Zone X, Corporation of Chennai, Velacherry, Chennai 600 042.

3. The Collector, Chennai District, Chennai 600 001.

4. The Commissioner of Police, Greater Chennai, Chennai 600 008.

5. The Chairman, The Tamilnadu Electricity Board, 144, Anna Salai, Chennai 600 002.

+2cc's to Mr.V.Deenadayalan, Advocate, S.R.No.4224 +1cc to the Government Pleader, S.R.No.4563 W.P.No.1265 of 2014 AK(CO) CA(02/02/2017)