Subramania Nagar & v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.8.2018

CORAM

THE HON'BLE MR.JUSTICE HULUVADI G.RAMESH AND THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Writ Petition No.1143 of 2018 Subramania Nagar and Neighbourhood Civic and Welfare Association rep. by its Secretary S.Gopi New No.5, Old No.3, Subramania Nagar 2nd Street, Kodambakkam ...

Petitioner Vs.

1. The Government of Tamil Nadu rep. by its Principal Secretary Municipal Administration and Water Supply Department Secretariat Fort St. George Chennai 600 009.

[Amended vide order dated 04.4.2018 made in WMP No.9745 of 2018]

2. The Commissioner Corporation of Chennai Rippon Building Park Town Chennai 600 003.

3. The Managing Director Chennai Metropolitan Water Supply & Sewerage Board No.1, Pumping Station Road Chintadripet Chennai 600 002.

4. The Commissioner of Police Greater Chennai Vepery Chennai 600 007.

[R4 deleted vide order dated 21.01.2018]

5. The Managing Director Tamil Nadu Slum Clearance Board Chepauk Chennai 600 005.

6. The Zonal Officer Zone X, Corporation of Chennai No.64, N.S.K. Salai Kodambakkam

7. Shankar

8. Pachaiammal

9. Kanniammal 10.Keavan 11.Prabhu 12.Poosiammal 13.Munusamy 14.Ramesh 15.Vijaya 16.Rajaram 17.Raji 18.Lakshmi 19.Ramu 20.Babu 21.Palani 22.Murugaian 23.Gopi 24.Venkatesan 25.Manikandan 26.Andal 27.Saravanan 28.Alamelu 29.Rajendran 30.Ranganathan 31.Yasodha 32.Balu 33.Easwari 34.Kokila 35.Maari 36.Raja 37.Saamundeswari 38.Saroja 39.Thillaiammal 40.Veerabhadran 41.Venkatesan 42.Dhanalakshmi 43.Devika 44.Muniappan

45.Ramakrishnan 46.Palani 47.Krishnaveni 48.Kattaiyan 49.Nithya 50.Selvam 51.Seenuvasan 52.Pavunammal 53.Elangila 54.Rajam 55.Babu 56.Kumar 57.Rajendran 58.Kumar ...

Respondents Petition under Article 226 of the Constitution of India praying for a writ of Mandamus directing the respondents 1 to 6 to take appropriate enforcement action against the respondents 7 to 58 for illegally encroaching the public road, namely Valliammal Garden Main Road, Kodambakkam, Chennai 600 024, situated in Ward 134, Zone X, Corporation of Chennai, by evicting the encroachers and remove all the unauthorised permanent and semi permanent structures put up on the said public road and on the storm water drain.

For Petitioner : Mr.Abdul Razack For Respondent-1 : Mr.P.Sivashanmugasundaram Spl. Govt. Pleader For Respondents 2 & 6 : Mr.Karthik Rajan For Respondent-3 : Mr.G.Janakiraman For Respondent-4 : Mr.M.Rajasekhar

O R D E R

(Made by Huluvadi G.Ramesh,J) The petitioner has come up with the above writ petition seeking a direction to the respondents 1 to 6 to take appropriate enforcement action against the respondents 7 to 58 for illegally encroaching the public road, namely Valliammal Garden Main Road, Kodambakkam, Chennai 600 024, situated in Ward 134, Zone X, Corporation of Chennai, by evicting the encroachers and remove all the unauthorised permanent and semi permanent structures put up on the said public road and on the storm water drain.

2. Heard Mr.M.Abdul Razack, learned counsel appearing for the petitioner, Mr.P.Sivashanmuga Sundaram, learned Special Government Pleader appearing for the first respondent,

Mr.Karthik Rajan, learned Standing Counsel appearing for the respondents 2 and 6, Mr.G.Janakiraman, learned counsel appearing for the third respondent and Mr.M.Rajasekhar, learned counsel appearing for the fifth respondent.

3. Admittedly, the road in question has been encroached and the same is also admitted by the Tamil Nadu Slum Clearance Board. It appears that the Slum Clearance Board is taking steps to provide alternate accommodation to the encroachers, provided they are given the complete details of the encroachers by the Corporation.

4. In view of the above, it is for the Corporation authorities to take necessary action for removal of the encorachments and to furnish the required details of the beneficiaries to the Slum Clearance Board and thereafter, it is for the Slum Clearance Board to do the needful in accordance with law.

5. With the above observation, this writ petition is disposed of. There shall be no order as to costs. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar kpl To

1. The Principal Secretary Municipal Administration and Water Supply Department Secretariat Fort St. George Chennai 600 009.

2. The Commissioner Corporation of Chennai Rippon Building Park Town Chennai 600 003.

3. The Managing Director Chennai Metropolitan Water Supply & Sewerage Board No.1, Pumping Station Road Chintadripet Chennai 600 002.

4. The Commissioner of Police Greater Chennai Vepery Chennai 600 007.

5. The Managing Director Tamil Nadu Slum Clearance Board Chepauk Chennai 600 005.

6. The Zonal Officer Zone X, Corporation of Chennai No.64, N.S.K. Salai Kodambakkam +1cc to M/S.M.Raja Sekhar, Advocate Sr.57312 +1cc to the Government Pleader Sr.56863 W.P.No.1143 of 2018.

srg 6/9/2018