Bagyavathi v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.11.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P. No.3805 of 2014 and W.M.P.No.14998 of 2016 Bagyavathi .. Petitioner -vs1.The Commissioner, Corporation of Chennai, Chennai.

2.The Zonal Officer, Zone-9, Chennai Corporation Zonal Office, Chennai-34.

3.A.Pradeep 4.The District Collector, Chennai.

5.The Tahsildar, Kodambakkam Taluk Office, Chennai.

6.The Revenue Divisional Officer, Chennai.

(RR4 to 6 impleaded as per Order of Court passed today in WP.) .. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the 1st and 2nd respondents to remove the encroachment made in the public road and part at Rajapuranikar Street, Varatharapet, Kodambakkam, Chennai-94, within the time frame fixed by this Court.

For Petitioner :

Mr.S.Arokia Maniraj For Respondents :

Mr.G.Anantharangan for RR 1 & 2 :

Mr.B.Manoharan for R-3 :

Mr.R.Vijayakumar, Addl.G.P. For RR 5 and 6 * * * * *

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) In respect of the allegation of the petitioner that the third respondent has encroached on Government land and carried out construction, the stand sought to be taken by the Corporation of Chennai is that both the fourth respondent and the petitioner have also encroached on Government land. 2.It is stated before us that the necessary action has to be initiated by the Tahsildar of the area. We, thus, implead the Collector, Tahsildar and Revenue Divisional Officer of the area in question as respondents 4, 5 and 6 respectively and the memo of parties be amended accordingly.

3.The fifth respondent, in collaboration with the sixth respondent, is, thus, directed to inspect the site within fifteen (15) days of the receipt of the order and on any encroachment found, take action in accordance with law, after notice to all concerned, within a maximum period of three (3) months thereafter.

4.Writ petition, accordingly, stands disposed of. No costs. Consequently, W.M.P.No.14998 of 2016 stands closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar sra To 1.The Commissioner, Corporation of Chennai, Chennai.

2.The Zonal Officer, Zone-9, Chennai Corporation Zonal Office, Chennai-34.

3.The District Collector, Chennai.

4.The Tahsildar, Kodambakkam Taluk Office, Chennai.

5.The Revenue Divisional Officer, Chennai.

+1cc to Mr.G. Anantharangan, Advocate, S.R.No.68175 +1cc to Mr.S. Arokia Maniraj, Advocate, S.R.No.67566 +1 cc to Mr. V. S. Mannarsamy, Advocate Sr.No.67666 +1cc to the Government Pleader, S.R.No.67697 ksj(CO) md(23/12/2016) W.P.No.3805 of 2014