R.Krishnan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.01.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY R.Krishnan .. Petitioner vs 1.The District Collector, Chennai District at Chennai-600 001.

2.Corporation of Greater Chennai, rep. by its Commissioner, Ripon Buildings, Chennai-600 003.

3.The Zonal Officer, Greater Chennai Corporation, Zone-IX, Trustpuram, Kodambakkam, Chennai-600 024.

4.Umapathy .. Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents 1 to 3 to remove the encroachments of the 4th respondent viz., "Sri Aadhi

Sakthi Vinayagar Temple, Peepal and Neem Trees", situated in front of petitioner's house bearing Old Door No.28A, New Door No.29, Vannarpathai, Kodambakkam, Chennai-600 024.

For the Petitioner : Mr.K.Premkumar For the Respondents : Mr.P.Muthukumar State Government Pleader for respondent No.1 : Mr.A.C.Manibharathi for respondents 2 and 3 : Mr.Hem Kumar for M/s.Ganesh & Ganesh for respondent No.4

ORDER

(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.K.Premkumar, learned counsel for the petitioner; Mr.P.Muthukumar, learned State Government Pleader for respondent No.1; Mr.A.C.Manibharathi, learned counsel for respondent Nos.2 and 3; and Mr.Hem Kumar, learned counsel for M/s.Ganesh & Ganesh, learned counsel for respondent No.4.

2. Encroachment by the fourth respondent is alleged in front of the petitioner's house bearing Old Door No.28A, New Door No.29, Vannarpathai, Kodambakkam, Chennai-24.

3. Learned counsel for the Corporation submits that notice under Section 220 read with Section 222 of the CCMC Act IV of 1919 is already issued to the fourth respondent for removal of encroachment.

4. On a perusal of the said notice, we find that the said notice is issued under the Repeal Act.

5. At this juncture, learned counsel for the Corporation submits that the Corporation will issue a fresh notice eliciting explanation from the fourth respondent

6. If any such fresh notice is received by the fourth respondent, the fourth respondent may file his reply to the said notice. Depending upon the reply received, further steps be taken.

7. With these observations, the writ petition stands disposed of. There shall be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 11.01.2024 Index :

Yes/No :

Yes/No bbr To 1.The District Collector, Chennai District at Chennai-600 001.

2.The Commissioner, Corporation of Greater Chennai, Ripon Buildings, Chennai-600 003.

3.The Zonal Officer, Greater Chennai Corporation, Zone-IX, Trustpuram, Kodambakkam, Chennai-600 024.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.

bbr 11.01.2024