S.Vijayalakshmi (Senior Citizen) v. The Member Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 14.09.2021
CORAM:
THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR. JUSTICE V.SIVAGNANAM W.P. No.14610 of 2021 and WMP.No.15490 of 2021 S.Vijayalakshmi (Senior Citizen)
...Petitioner
Versus
1. The Member Secretary, Chennai Metropolitan Development Authority, "Thalamuthu Natarajan Building", No.1, Gandhi Irwin Road, Egmore, Chennai 600 008.
2. The District Revenue Officer, District Collector Office, Thiruallur.
3. The District Collector, District Collector Office, Thiruvallur.
4. The Thasildar, Thasildar Office, Poonamallee Taluk, Poonamallee, Chennai 600 056.
5. The Municipality Administrative Commissioner, Municipality Administrative Department, Chepauk, Chennai 600 005.
6. The Commissioner, Thiruverkadu Municipality (Gr.III), Thiruverkadu 600 077.
7. The Executive Officer, Thiruverkadu Town Panchayat, Thiruverkadu, Chennai 600 077.
8. A.Chandralekha
9. E.Arunkumar
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus, directing the respondents 1 to 7 to consider the representation dated 10.08.2017 of the petitioner and consequentially to take possession of the 30 feet public road between plot No.83 and plot No.84, Ram Nagar, Sundaracholavaram Village, Poonamallee Taluk, Thiruvallur District and provide the same for public use. For Petitioner : Mr.G.Araham Prabhu For Respondents for R1 : M/s.Jabeen for Mr.Karthik Raja for RR2 to 5 : Mr.T.N.C.Kaushik for R6 & R7 : Mr.P.Srinivas for R9 : Mr.Jayaseelan for Mr.V.Pandiyan for R8 : No Appearance
ORDER
(The Order of the Court was made by K.KALYANASUNDARAM, J) The Writ Petition is heard through video conferencing.
2. The petitioner has come forward with this Writ Petition, seeking a direction to the respondents 1 to 7 to consider the representation of the petitioner dated 10.08.2017 and take possession of the 30 feet public road between plot No.83 and plot No.84, at Ram Nagar, Sundaracholavaram Village, Poonamallee Taluk, Thiruvallur District and provide the same for public use.
3. Mr.P.Srinivas, learned Standing Counsel appearing for the sixth respondent would state that in pursuance of the order of this Court, dated 16.07.2021, fourth and fifth respondent conducted joint inspection on the public road and found
encroachment. He would further state that the sixth respondent will take appropriate action to remove the encroachment.
4. In the light of the submissions made by the learned Standing Counsel appearing for the sixth respondent, this Writ Petition is closed with a direction to the sixth respondent to take appropriate action to remove the encroachment after affording ample opportunity to the necessary parties. The said exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar pvs To
1. The Member Secretary, Chennai Metropolitan Development Authority, "Thalamuthu Natarajan Building", No.1, Gandhi Irwin Road, Egmore, Chennai 600 008.
2. The District Revenue Officer, District Collector Office, Thiruallur.
3. The District Collector, District Collector Office, Thiruvallur.
4. The Thasildar, Thasildar Office, Poonamallee Taluk, Poonamallee, Chennai 600 056.
5. The Municipality Administrative Commissioner, Municipality Administrative Department, Chepauk, Chennai 600 005.
6. The Commissioner, Thiruverkadu Municipality (Gr.III), Thiruverkadu 600 077.
7. The Executive Officer, Thiruverkadu Town Panchayat, Thiruverkadu, Chennai 600 077.
+1 CC to M/s.Karthik Rajan, Advocate, Sr.No. 46697. +1 CC to M/s.V.Pandiyan, Advocate, Sr.No. 47131. +1 CC to The Government Pleader, Sr.No. 46860. W.P. No.14610 of 2021 KSM(CO) LS(30/09/2021)