V.Dhamodaran v. The Commissioner Of Chennai

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25/8/2015 C O R A M THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE K.K.SASIDHARAN W.P. Nos.26024 to 26028 of 2015 V. Dhamodaran

...Petitioner in W.P.No.26024 of 2015

A. Ganapathi Achari

...Petitioner in W.P.No.26025 of 2015

V. Murugan

...Petitioner in W.P.No.26026 of 2015

A. Antony Samy

...Petitioner in W.P.No.26027 of 2015

A. Selvaraj

...Petitioner in W.P.No.26028 of 2015

Vs

1. The Commissioner of Chennai Chennai Corporation Ribbon building Chennai 600 003.

2. The Assistant Commissioner Chennai Corporation Zone - XV Sholinganallur Chennai 600 119.

3. Ravi.

...Respondents in all the W.Ps

Writ Petitions filed under Article 226 of the Constitution of India seeking writs of mandamus to direct the second respondent to take appropriate action against the third respondent for illegal construction of the building an adjacent to the water tank and to prevent the removal of water tank from the existing place in 9th Cross Street, Mahatma Gandhi Nagar, Okkiyam Thuraipakkam, Chennai 600 097.

For Petitioners :

Mr.G.Ranganathan For Respondents :

Mr.R.Arunmozhi for R.R.1 and 2.

C O M M O N O R D E R (Order of the Court was made by SATISH K. AGNIHOTRI,J.,) With the consent of the parties, the main writ petition is taken up for final disposal.

2. The only relief sought by the petitioners in these petitions is to consider their representation dated 15th July, 2015, whereunder, the petitioners had alleged that the third respondent is trying to encroach the land to an extent of 3 cents each comprised in S.No.408/1A Okkiyam Thuraipakkam Village, Kancheepuram District, which is a Government land. It is further alleged that in the said Survey number, a water tank has been constructed by the authorities/respondents 1 and 2, for the purpose of supplying drinking water, in the said locality. The third respondent is trying to put up a pucca building near the said water tank and also trying to remove the water tank from the existing place.

3. Considering the limited scope of the relief sought by the petitioners, without going into the merits of the case, we direct the respondents 1 and 2, to examine the representation of the petitioners dated 15th July, 2015 and take consequential action, on its own merit and in accordance with law, after affording an opportunity of hearing to the third respondent as well as other encroachers, if found thereon, on inspection and survey. Such an exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order.

4. These writ petitions are disposed of accordingly. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar

mvs.

1. The Commissioner of Chennai Chennai Corporation Ribbon building Chennai 600 003.

2. The Assistant Commissioner Chennai Corporation Zone - XV Sholinganallur Chennai 600 119.

1 CC to Mr.G.Ranganathan, Advocate SR.No. 45033 1 CC to Mr.R.Arunmozhi, Advocate SR.No. 45098 W.P. Nos.26024 to 26028 of 2015 KJI (CO) PSI (09.09.2015)