S.Venugopal v. The Additional Chief Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.06.2025
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE P.DHANABAL S.Venugopal ... Petitioner Vs.
1. The Additional Chief Secretary/Commissioner The Greater Chennai Corporation Ripon Buildings Chennai - 600 003
2. The Superintendent Engineer Storm Water Drain Department Nodal Officer The Greater Chennai Corporation Ripon Buildings Chennai - 600 003
3. The Regional Deputy Commissioner Central Region, The Greater Chennai Corporation No.13B/39B, Pulla Avenue, Shenoy Nagar Chennai - 600 030
4. The Zonal Officer Zone VI, The Greater Chennai Corporation No.158, Strahans Road Ottari, Chennai - 600 012 Page Nos.1/10
5. The Assistant Revenue Officer Zone-VI, The Greater Chennai Corporation No.158, Strahans Road Ottari, Chennai - 600 012
6. The Assistant Executive Engineer Division-15, Zonal-VI, The Greater Chennai Corporation S.R.P Kovil Street, Chennai - 600 082 ... Respondents Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certriorarified Mandamus to direct the respondent to consider the petitioner representation dated 15.07.2020 and order of Ombudsman of Tamilnadu Local Bodies, guindy, Chennai- 600 032 (Order No.216/MA/2023) dated 30.08.2023 to take appropriate steps to remove the pavement and road encroachment in 1st main road, Poompuhar Nagar, Kolathur, Chennai - 600 099 (Ward - 64, Zone-VI) within a reasonable time that may be fixed by this Court.
For Petitioner :
Mr.D.Giribabu For Respondents :
Mr.D.B.R.Prabhu Standing counsel
ORDER
[Order of the Court was made by M.SUNDAR, J.,] Subject matter of captioned 'Writ Petition' ['WP for the sake of brevity] is removal of alleged encroachments in 1st Main Road, Poompuhar Nagar, Kolathur 600 099 situate within in Ward No.64, Zone No.VI of 'Greater Chennai Corporation' ['GCC' for the sake of brevity]. Page Nos.2/10
2. Mr.D.Giribabu, learned counsel for writ petitioner adverting to the case file submits that the writ petitioner sent two representations, one dated 15.07.2020 and another dated 20.06.2022 pertaining to the aforementioned alleged encroachments and seeking removal of the same. Thereafter, the writ petitioner approached the Ombudsman under 'the Tamil Nadu Local Bodies Ombudsman Act, 2014' [hereinafter 'said Act' for the sake of brevity] and 'the Tamil Nadu Local Bodies Ombudsman (Manner of Filing, Inquiry and Disposal of Companies) Rules, 2015' [hereinafter 'said Rules' for the sake of brevity] made thereunder. The Ombudsman passed a detailed order dated 30.08.2023 inter alia recording the position that the alleged encroachments have since been removed and that it comes to light from the records/photographs that R6 and the authorities under R6 have removed alleged encroachments on 29.06.2022.
3. However, learned counsel for writ petitioner submits that alleged encroachments have resurfaced and writ petitioner has sent another representation dated 23.07.2024. This 23.07.2024 representation together with postal acknowledgment card is as follows: Page Nos.3/10
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4. Issue notice.
5. Mr.D.B.R.Prabhu, learned Standing Counsel accepts notice for respondents.
6. Mr.D.B.R.Prabhu, learned Standing counsel for 'Greater Chennai Corporation' ['GCC' for the sake of brevity] submits that pursuant to aforesaid 23.07.2024 representation, a survey will be conducted (after putting on notice all concerned) as expeditiously as the business of the respondent concerned would permit but in any event within six weeks from today i.e., on or before 21.07.2025. Learned Standing counsel further submits that post survey, a report will be drawn up, if any encroachment/s is/are found, action will be initiated within another six weeks therefrom i.e., on or before 01.09.2025 inter alia by issuing notice to alleged encroachers under Section 128 of 'The Tamil Nadu Urban Local Bodies Act, 1998 (Act 9 of 1999)' (hereinafter 'TNULB Act' for the sake of convenience and clarity). Though obvious, we make it clear that if encroachments are found and if notices are issued to alleged encroachers under Section 128 of TNULB Act, all the rights and contentions of the noticees will stand preserved Page Nos.7/10
untrammelled by this order. Notices issued under Section 128 of TNULB Act (if that be so) shall proceed on its own merits and in accordance with law. In the survey if no encroachments are found, that would be curtains on the matter and it will be open to the writ petitioner to challenge the survey report, if so advised and if so desired Captioned WP disposed of in the aforesaid manner. There shall be no order as to costs.
(M.S.,J.) (P.D.B.,J.) 09.06.2025 (1/2) Index : Yes / No gpa Page Nos.8/10
To
1. The Additional Chief Secretary/Commissioner The Greater Chennai Corporation Ripon Buildings Chennai - 600 003
2. The Superintendent Engineer Storm Water Drain Department Nodal Officer The Greater Chennai Corporation Ripon Buildings Chennai - 600 003
3. The Regional Deputy Commissioner Central Region, The Greater Chennai Corporation No.13B/39B, Pulla Avenue, Shenoy Nagar Chennai - 600 030
4. The Zonal Officer Zone VI, The Greater Chennai Corporation No.158, Strahans Road Ottari, Chennai - 600 012
5. The Assistant Revenue Officer Zone-VI, The Greater Chennai Corporation No.158, Strahans Road Ottari, Chennai - 600 012
6. The Assistant Executive Engineer Division-15, Zonal-VI, The Greater Chennai Corporation S.R.P Kovil Street, Chennai - 600 082 Page Nos.9/10
M.SUNDAR, J., and P.DHANABAL, J., gpa 09.06.2025 Page Nos.10/10