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Madras High CourtWP/23373/2014disposed of

M.Raja Asokan v. The Commissioner

2016-12-20Honourable The Chief Justice,Honourable Mr Justice M. Sundar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.12.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.SUNDAR W.P.No.23373 of 2014 M.Raja Asokan .. Petitioner -vs1.The Commissioner, Corporation of Chennai, Ripon Buildings, Chennai.

2.The Executive Engineer, Corporation of Chennai, Ward No.110, Kutti Street, Nungambakkam, Chennai 600 034.

3.Sarala 4.Sridhar .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondent 1 and 2 to take appropriate action to remove the encroachments in the 15 feet road running between plot no.8 & 9 in RS No.604, Nungambakkam, Chennai, which is in occupation of respondent 3 and 4.

For Petitioner :

Mr.C.T.Saravanan For Respondents :

Mr.K.Soundararajan for R1 & R2 :

Mr.J.R.K.Bhavananthan for R3 & R4

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) The dispute between the petitioner and respondent Nos.3 and 4 is whether there is an encroachment by the private respondents on the common road or whether the road lies within the property of the private respondents.

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2. The learned counsel for the Corporation/respondent No.1 states that since the matter pertains to the approved layout, an inspection will be caused at the site and demarcation done in the presence of the parties within a period of one month from today. Needless to say, if any encroachment is found by the private respondents, action in accordance with law will be taken and concluded within a maximum period of three months' thereafter.

3. The writ petition, accordingly, stands disposed of. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar bbr To 1.The Commissioner, Corporation of Chennai, Ripon Buildings, Chennai.

2.The Executive Engineer, Corporation of Chennai, Ward No.110, Kutti Street, Nungambakkam, Chennai 600 034.

+1cc to Mr.C.T.s. Saravanan, Advocate, S.R.No.74608 +1cc to Mr.K. Soundararajan, Advocate, S.R.No.74390 +2ccs to Mr. J.R.K.Bhavananthan, S.R.No.74230 W.P.No.23373 of 2014 VD(CO) EU 30.12.16 https://hcservices.ecourts.gov.in/hcservices/