S.L.Balasubramaniya Raja, v. The Chief Secretary,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.07.2016 CORAM :
The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P. No.35030 of 2014 and M.P.No.1 of 2014 S.L.Balasubramaniya Raja .. Petitioner -vs1.The Chief Secretary, Tamil Nadu Government, Secretariat, Chennai-600 009.
2.The District Collector, Kanchipuram District, Kanchipuram.
3.The Regional Development Officer, Tambaram, Kanchipuram District.
4.The Commissioner, Corporation of Chennai, Ripon Buildings, Chennai-600 003.
5.The Thasildar, Chengalpattu Taluk Office, Kanchipuram District.
6.The Assistant Commissioner, Zone-15, Corporation of Chennai, Corporation of Chennai, Sholingnallur.
7.Radha 8.Bala Shabmugam .. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondents 1 to 6 to prevent any encroachment on the 30 feet road situated at Kumaran Kudil Annexe Road, Thoraipakkam, Ward-194, Zone-15, Sholinganallur Taluk.
For Petitioner :
Mr.A.M.Venkatakrishnan For Respondents :
Mr.STS.Moorthy Government Pleader assisted by Mr.V.Shanmugasundar Govt. Advocate for R1 to R3 & R5 Mr.K.Soundararajan for R4 & R6 R7 & R8 No appearance * * * * *
O R D E R
(Order of the Court was made by The Hon'ble Chief Justice) The stand of the respondent Corporation is that there is no encroachment on Kumaran Kudil road as alleged atleast now, though this position is sought to be disputed by the petitioner.
2. Re-encroachment is in frequent occurrence. We are thus of the view that fresh inspection be carried out by respondent No.6. If any encroachment on the road exists, action in accordance with law be taken after notice to all concerned. If there is no reencroachment/encroachment, then the petitioner be informed accordingly. The exercise be completed within a period of three months of the receipt of this order.
3. The writ petition, accordingly, stands disposed of. No costs. Consequently, M.P.No.1 of 2014 is closed.
Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar To 1.The Chief Secretary, Tamil Nadu Government, Secretariat, Chennai-600 009.
2.The District Collector, Kanchipuram District, Kanchipuram.
3.The Regional Development Officer, Tambaram, Kanchipuram District.
4.The Commissioner, Corporation of Chennai, Ripon Buildings, Chennai-600 003.
5.The Thasildar, Chengalpattu Taluk Office, Kanchipuram District.
6.The Assistant Commissioner, Zone-15, Corporation of Chennai, Corporation of Chennai, Sholingnallur.
+1 cc to Mr.A.M.Venkatakrishnan,Advocate,sr.39471 +1 cc to Mr.K.Soundarrajan, advocate,sr.38614 +1 cc to Govt.Pleader,sr.38777.
gj(co) krd 1/8 W.P.No.35030 of 2014