P.Jahangeer, Carrying On v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.08.2019

CORAM

THE HON'BLE MRS.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.32085 of 2016 P.Jahangeer carrying on business in the name and style P.K.Stores at New No.35, Old No.16 Gandhi Irwin Road Egmore, Chennai - 8.

.. Petitioner Vs 1 The Commissioner Corporation of Chennai Rippon Buildings Park Town Chennai - 3.

2 The Commissioner of Police EVR Sampath Road Vepery, Chennai - 7.

3 The Inspector of Police F2, Police Station Egmore, Chennai - 8.

4 Vinayagam 5 Syed 6 Ameer .. Respondents PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 1 to 3 to remove the encroachment put up by respondents 4 to 6 at the door of the petitioner's shop premises bearing New No.35, Old No.16, Gandhi Irwin Road, Egmore, Chennai - 600 008.

For Petitioner : Mr.D.Ashok Kumar For Respondents : Mr.V.C.Selvasekaran for 1st respondent Mr.S.Kamalesh Kannan Government Advocate for respondents 2 and 3 No appearance for respondents 4 to 6

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Heard Mr.D.Ashok Kumar, learned counsel for the petitioner; Mr.V.C.Selvasekaran, learned counsel for the first respondent and Mr.S.Kamalesh Kannan, learned Government Advocate for respondents 2 and 3.

2. The petitioner has prayed that directions be issued to respondents 1 to 3 to remove the encroachment put up by respondents 4 to 6 at the door of the petitioner's shop premises bearing New No.35, Old No.16, Gandhi Irwin Road, Egmore, Chennai - 600 008.

3. The learned counsel for the first respondent has filed the counter affidavit of the Zonal Officer, Zone-V, Greater Chennai Corporation, wherein it is stated that respondents 4 to 6 were selling fancy items in front of the petitioner's shop and all the material has been removed from the place in question. The learned counsel for the Corporation further submitted that as of now there is no encroachment at the said spot.

In view of the above facts, nothing further survives for consideration in this writ petition and, therefore, the same is disposed of accordingly. No costs. Consequently, W.M.P.No.27824 of 2016 is closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar sasi

To:

1 The Commissioner Corporation of Chennai Rippon Buildings Park Town Chennai - 3.

2 The Commissioner of Police EVR Sampath Road Vepery, Chennai - 7.

3 The Inspector of Police F2, Police Station Egmore, Chennai - 8.

+1 cc to Government Pleader Sr.No.

+1cc to Mr.D.Ashok Kumar , Advocate SR.No. 71135 W.P.No.32085 of 2016 VG II A.SK(20/09/2019)