Madras High CourtWP/8591/2024disposed of

P.Sasikala v. The Distrit Collector

2024-03-27Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.03.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY P.SASIKALA .. Petitioner Vs

1. THE DISTRIT COLLECTOR CHENNAI DISTRICT, CHENNAI.

2. THE COMMISSIONER GREATER CHENNAI CORPORATION, CHENNAI-600 003.

3. THE ZONAL OFFICER ZONE-13, GREATER CHENNAI CORPORATION, L.B.ROAD, ADYAR, CHENNAI-600 020.

4. THE MANAGING DIRECTOR NO.5, KAMARAJAR ROAD, TRIPLICANE, CHENNAI-600 005.

5. THE ASSISTANT AREA ENGINEER CHENNAI METROPOLITAN WATER SUPPLY AND SEWERAGE BOARD, AREA-13, DEPUTY AREA ENGINEER, OFFICE 37, WORKSHOP 178, RAJALAKSHMI NAGAR, 8TH CROSS STREET, CHENNAI-600 042.

6. THE ASSISTANT ENGINEER GREATER CORPORATION OF CHENNAI, DIVISION NO.39, ZONE-13, VELACHERY MAIN ROAD, VELACHERY CHENNAI-600 042.

7. THE TAHSILDHAR VELACHERY TALUK, VELACHERY, CHENNAI-600 042.

8. THE DEPUTY SUPERINTENDENT OF POLICE CHENNAI CITY POLICE, CHENNAI.

9. THE ESTATE OFFICER ESTATE OFFICE-VIII, 83RD STREET, SIVALINGAPURAM, K.K.NAGAR, CHENNAI-600 078.

10.MOORTHY .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus to direct the respondents 1, 2 and 7 to take appropriate action as per G.O.(Ms). No.540, dated 04.12.2014 to remove the encroachment made on the public road in S.No.123/IPT of Velachery Village, Velachery Taluk, Chennai-600 042 and situated at in front of Door No.50, 5th street, Draupathi Amman Koil, Velachery, Chennai-600 042 forthwith by considering the petitioner's representation dated 08.02.2024 For the Petitioner : Mr.A.Ilayaperumal For the Respondents : Mr.P.Harish Government Advocate for respondents 1, 7 and 8 : Mr.A.Arun Babu Standing Counsel for respondents 2 and 3

ORDER

(Order of the court was made by the Hon'ble Chief Justice) Heard Mr.A.Ilayaperumal, learned counsel for the petitioner; Mr.P.Harish, learned Government Advocate for respondents 1, 7 and 8; and Mr.A.Arun Babu, learned Standing Counsel for respondents 2 and 3.

2. Learned counsel for the petitioner submits that the petitioner has made a representation on 8.2.2024 to the respondent authorities to remove the encroachment put up by the tenth respondent in accordance with the procedure prescribed under G.O.Ms.No.540, dated 4.12.2014.

3. G.O.Ms.No.540, dated 4.12.2014 relied upon by the petitioner does not exists. The petitioner may approach the Committee constituted under the Government Order bearing G.O.Ms.No.64, dated 08.02.2022. If such application is filed by the petitioner, the Committee shall consider the said application on its

own merits and in accordance with law, after following the principles of natural justice, within a period of six months from the date of receipt of the application.

The writ petition is disposed of accordingly. There shall be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 27.03.2024 Index :

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