V.A.Asrar Ahmed, v. The Commissioner Of
In the High Court of Judicature at Madras Dated : 27.2.2018 Coram :
The Honourable Mr.Justice K.KALYANASUNDARAM Writ Petition No.17720 of 2016 & WMP.No.15419 of 2016 V.A.Asrar Ahmed
...Petitioner
Vs 1.The Commissioner of Corporation, Rippon Buildings, Chennai-3.
2.The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu-Natarajan Building, No.1, Gandhi Irwin Road, Chennai-8.
3.The Assistant Executive Officer, PWD, Water Resources Organisation (Special Scheme of Water Resources Scientific Department), Division No.2, Chepauk, Chennai-5.
4.The Director General, Highways Department, PWD Complex, Kamarajar Salai, Chennai-5.
5.The Inspector of Police, F-5, Choolaimedu Police Station, Choolaimedu, Chennai-94.
...Respondents
PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to take immediate action against the anti social elements, who are destroying the park laid by the fourth respondent Department for their personal benefits and to restore the park to its original condition.
For Petitioner : Mr.K.Manoharan for M/s.McGan Law Firm For Respondent-1 : Mr.V.C.Selvasekaran For Respondent-2 : Mr.N.Sampath For Respondents 3 to 5 : Mr.N.Inbanathan, AGP
ORDER
Heard both and perused the records.
2. The case of the petitioner is that he along with his brother - Mr.Abrar Ahmed purchased plot No.12 in Town Survey No.15, Block No.1, Puliyur Village, measuring an extent of 6,600 sq.ft., vide sale deed dated 05.5.1980, out of which, the Chennai Metropolitan Development Authority acquired an extent of 2,700 sq.ft., for the purpose of Virugambakkam Drainage Scheme and also paid compensation to the petitioner and his brother.
3. The grievance of the petitioner is that the land acquired from the petitioner was not utilized by the Chennai Metropolitan Development Authority for the purpose for which it is acquired, that the land is being encroached by third parties and that they are causing nuisance to the petitioner. Despite the petitioner's representation dated 12.4.2016, no action has been taken on the same.
4. The learned Additional Government Pleader submits that respondents 3 to 5 are ready to take appropriate action on the representation of the petitioner.
5. In the light of the facts and the submission of the learned Additional Government Pleader, without going into the merits of the case, the writ petition is disposed of with a direction to respondents 3 to 5 to take appropriate action on the representation of the petitioner dated 12.4.2016 on merits and in accordance with law after providing an opportunity to all necessary parties preferably within a period of three weeks from the date of receipt of a copy of this order. No costs. Consequently, the connected WMP is closed.
Sd/- Assistant Registrar(CS V) //True copy// Sub Assistant Registrar To 1.The Commissioner of Corporation, Rippon Buildings, Chennai-3.
2.The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu-Natarajan Building, No.1, Gandhi Irwin Road, Chennai-8.
3.The Assistant Executive Officer, PWD, Water Resources Organisation (Special Scheme of Water Resources Scientific Department), Division No.2, Chepauk, Chennai-5.
4.The Director General, Highways Department, PWD Complex, Kamarajar Salai, Chepauk, Chennai-5.
5.The Inspector of Police, F-5, Choolaimedu Police Station, Choolaimedu,Chennai-94.
+1cc to Mr.N.sampath, Advocate SR.No.14926 +1cc to Government Pleader SR.No.15924 WP.No.17720 of 2016& WMP.No.15419 of 2016 GN(19/03/2018)