S.Ramesh (Venkateshan), v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.06.2016
CORAM
THE HONOURABLE MR.JUSTICE HALUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.No.18768 of 2016
1. S.Ramesh (Venkateshan)
2. T.P.Mathu
3. R.Gowry
4. N.Saroja
5. P.Rajathiran
6. R.Raji
7. Kannaiya
8. D.Ramesh ..
Petitioners -vs1. The District Collector Thiruvallur Thiruvallur District
2. The Tahsildar Maduravoyal Taluk Chennai
3. The Municipal Commissioner Thiruverkadu Thiruverkadu Township Chennai 600 077
4. Mohankumar S/o Chokalingam Naicker ..
Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the first and second respondents to implement the order passed in the letter reference Na.Ka.No.379/2016/F1 dated 09.03.2016 passed by third respondent in the subject matter of construction of permanent compound wall by the fourth respondent in Survey No.103/9 of Pallikuppam Village, Noombal Madura, abutting the 22 feet width road running North to South, in the East of side of Chokalingam Nagar Road, Chennai 600 077 thereby denying the ingress and egress of the petitioners houses in the Pallikuppam, Perumal Koil Stret, Chennai 600 077.
For Petitioners ::
Mr.K.Mohanamurali For Respondents ::
Mrs.A.Srijayanthi Special Government Pleader for R1 & R2 Mr.S.V.Durai Solaimalai Additional Government Pleader for R3
ORDER
(Order of the Court was delivered by HALUVADI G.RAMESH, J.) The petitioners have sought a prayer for issuance of a writ of mandamus, directing the first and second respondents to implement the order in the letter reference Na.Ka.No.379/2016/F1 dated 09.03.2016 passed by the third respondent in the subject matter of construction of permanent compound wall by the fourth respondent in Survey No.103/9 of Pallikuppam Village, Noombal Madura, abutting the 22 feet width road running from North to South on the east side of Chokalingam Nagar Road, Chennai 600 077, whereby there is a denial of ingress and egress of the petitioners' houses in Pallikuppam, Perumal Koil Stret, Thiruverkadu, Chennai 600 077.
2. Mrs.A.Srijayanthi, learned Special Government Pleader takes notice on behalf of the first and second respondents. Mr.S.V.Durai Solaimalai, learned Additional Government Pleader takes notice on behalf of the third respondent.
3. The grievance of the petitioners is that they are the residents of Pallikuppam village, Chokalingam Nagar Road, Thiruverkadu, Chennai for more than 15 years and they are holding pattas in respect of their properties and also put up residential buildings, which are assessed to property tax by the Thiruverkadu Township. While so, one Mr.Mohan developed some housing plots in Survey No.106/12 (part) in the name of Rajiv Nagar Annexe and started to use Chokalingam Nagar Road to reach the plots developed by him and in that process, he started to construct a permanent compound wall in Survey No.
103/9 of Pallikuppam Village, Noombal Madura, abutting the 22 feet road running 300 feet between north to south on the east side of Chokalingam Nagar Road by obstructing the ingress and egress to the houses of the petitioners in the Perumal Koil Street, Chennai. Hence the first petitioner made a representation to the third respondent/Commissioner to take appropriate action for removal of the obstruction and based on the complaint, the third respondent/Commissioner also had written a letter to the second respondent/Tahsildar for taking steps to remove the obstruction put up by one Mr.Mohan.
taken by the second respondent/Tahsildar, they have come to this Court.
4. In this regard, it is for the second respondent/Tahsildar to take necessary action for the removal of the obstruction that is preventing the ingress and egress to the houses of the petitioners, if need be, by taking police help and such action be complied with within one month from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. Consequently, W.M.P.No.16382 of 2016 is closed. No costs.
s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar ss To
1. The District Collector Thiruvallur Thiruvallur District
2. The Tahsildar Maduravoyal Taluk Chennai
3. The Municipal Commissioner Thiruverkadu Thiruverkadu Township Chennai 600 077 +1 cc to M/s.K.Mohanamurali Advocate sr.29435 +1 cc to Government Pleader sr.29859 W.P.No.18768 of 2016 rk(co) aa13/06/2016