Madras High CourtWP/9719/2020disposed of

H.Sumathi v. The Commissioner,

2023-09-29Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.09.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU H.Sumathi : Petitioner Vs 1.The Commissioner Avadi Municipal Corporation Avadi, Chennai 600 054.

2.The District Collector, Thiruvallur District 3.The Assistant Engineer State Highways Department Adjacent to T6-L and O Police Station Avadi, Chennai-600 054.

4.The Inspector of Police Station (L & O) T6 Avadi Police Station Avadi Chennai-600 054.

5.The Inspector of Police Station(Traffic) T6 Avadi Police Station Avadi Chennai.600 054.

6.The Deputy Commissioner of Police Ambattur District at Market Road Avadi Chennai 600 054.

7.The Commissioner of Municipal Administration 11th Floor, 75 Santhome High Road, MRC Nagar, Raja Annamalipuram, Chennai-600 028.

8.Habeeb Dhanvir 9.V.Megaraj : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the first Respondent to remove the Entire encroachment found on T6-Avadi (L&O) Police Station Road commencing form Pillaiyar Temple to Avadi Railway Station Level Crossing Gate under Sec.222 of the Chennai City Municipal Corporation Act 1905 and Sec.5,6,7 and 11 of the Tami Nadu Public premises (Eviction of Unauthorised Occupants) Act 1975 in the larger interest of public on the basis of the petitioner representation dated 03.01.2020 made to the first respondent. For the Petitioner :

No appearance.

For 1st Respondent :

Mr.R.Gopinath For Respondents 2 to 7 :

Mr.K.M.D.Muhilan, Additional Government Pleader For 8th Respondent :

Mr.R.T.Chindambaram For 9th respondent :

Mr.K.Manimaran

ORDER

(Made by the Hon'ble Chief Justice) None appears for the petitioner.

2. Heard Mr.R.Gopinath, learned counsel for the first respondent, Mr.K.M.D.Muhilan, learned Additional Government Pleader for respondents 2 to 7, Mr.R.T.Chidambaram, learned counsel for the eighth respondent and Mr.K.Manimaran, learned counsel for the ninth respondent.

3. The learned Additional Government Pleader submits that yesterday, i.e. 28.09.2023, encroachment has been removed. Photographs to that effect are placed on record. It is submitted that it was the joint effort and action by the Corporation, Government and the State Highways.

4. In view of the said statement, the writ petition stands disposed of. There will be no order as to costs. (S.V.G., CJ.) (P.D.A., J.) 29.09.2023 Index : Yes/No : Yes/No tar

To 1.The Commissioner Avadi Municipal Corporation Avadi, Chennai 600 054.

2.The District Collector Thiruvallur District 3.The Assistant Engineer State Highways Department Adjacent to T6-L and O Police Station Avadi, Chennai-600 054.

4.The Inspector of Police Station (L and O) T6 Avadi Police Station Avadi Chennai-600 054.

5.The Inspector of Police Station(Traffic) T6 Avadi Police Station Avadi Chennai.600 054.

6.The Deputy Commissioner of Police Ambattur District at Market Road Avadi Chennai.600 054.

7.The Commissioner of Municipal Administration 11th Floor, 75 Santhome High Road MRC Nagar Raja Annamalipuram Chennai-600 028.

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

(tar) 29.09.2023