Madras High CourtWP/15991/2017dismissed

N.Vijayaraghavan v. The Commissioner

2017-06-27Honourable The Chief Justice,Honourable Mr Justice M. Sundar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.06.2017 CORAM :

The Hon'ble Ms.INDIRA BANERJEE, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.SUNDAR W.P. No.15991 of 2017 N.Vijayaraghavan .. Petitioner -vs1. The Commissioner, Corporation of Chennai, Ripon Buildings, Chennai 600 003.

2. The Divisional Officer, Corporation of Chennai, Division-52, Zone-5, Basin Bridge Road, Chennai 600 021.

3. The Assistant Engineer, Corporation of Chennai, Division-52, Zone-5, M.C.Road, Chennai 600 021.

4. The Commissioner of Police, Greater Chennai, Vepery, Chennai 600 007.

5. The Deputy Commissioner of Police, Royapuram Range, H-5 Police Station, Tondiarpet, Chennai 600 081.

6. The Inspector of Police, N1 Police Station, Royapuram, Chennai 600 013.

7. A.Alagarswamy .. Respondents

Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct respondents 1 to6 to consider the petitioner's representations dated 19.01.2017 and 28.01.2017 regarding the removal of the encroachment on the platform or on the road in front of his shop and on either side of the shop in Old Door NO.28/2A, New Door No.77, and in Old Door No.28/2B, New Door No.79, both situated abutting M.C.Road, Old Washermanpet, Chennai-21, where business restricted within the shop, not to encroach on the platform or road for free ingress and egress of pedestrians. For Petitioner :

Mr.V.Ramana Reddy For Respondents :

Mr.V.C.Selvasekaran, Stg. Counsel for RR 1 to 3 :

Mr.R.Vijayakumar, Addl. G.P. For RR 4 to 6

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) This writ petition has been filed seeking orders on the respondent authorities to remove the alleged encroachment made by the seventh respondent in front of the textile shop of the petitioner.

2.From the affidavit in support of the writ petition, it appears that the shop is run under the name and style of Vijayalakshmi Tex Trading. However, the photographs annexed do not indicate encroachment in front of 'Vijayalakshmi Tex Trading'. Rather, the encroachment is in front of 'Sri Krishna Tex', which is not the business of the petitioner as would appear from the affidavit in support of the writ petition. 3.There are no materials to show that there is encroachment in front of the petitioner's shop, Vijayalakshmi Tex Trading. Even otherwise, the disputes between the petitioner and the seventh respondent appear to be in the nature of private disputes. The interference of this Court is not warranted. 4.The writ petition is dismissed. The dismissal of this writ petition will not prevent the petitioner from initiating

any civil proceedings against the seventh respondent, if so advised. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar sra To

1. The Commissioner, Corporation of Chennai, Ripon Buildings, Chennai 600 003.