G.Sathishbabugodi v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.08.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU G.Sathishbabugodi ..

Petitioner Vs.

1. The Commissioner Chennai Corporation Ribbon Building, Chennai.

2. The Zonal Officer Zone 8, Corporation of Chennai Chennai.

3. The Assistant Engineer Zone 8, Ward 95 Corporation of Chennai Chennai.

4. The Executive Engineer Zone 8, Corporation of Chennai Chennai.

5. The Tahsildar Ayanavaram Taluk, Chennai.

6. P.Mohan ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus direct the respondents 2 to 4 to implement the order of the fifth respondent dated 21.03.2022 made in Na.Ka.No.A1/0167/2022 consequently remove the encroachment made by the sixth respondent.

For the Petitioner : Mr.R.Babu For Mr.S.Sathishkumar For the Respondents : Mr.A.Arunbabu for Respondents 1 to 4 Mr.K.M.D.Muhilan Additional Government Pleader for Respondent-5 Mr.T.Subramanian for Respondent-7

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.R.Babu, learned counsel for Mr.S.Sathishkumar, learned counsel for the petitioner, Mr.A.Arunbabu, learned counsel for the respondents 1 to 4, Mr.K.M.D.Muhilan, learned

Additional Government Pleader for the fifth respondent and Mr.T.Subramanian, learned counsel for the sixth respondent.

2. It is submitted that there is an encroachment on the road by the sixth respondent.

3. Learned counsel for the sixth respondent submits that the sixth respondent has filed a civil suit and the same is pending before the Civil Court.

4. Learned counsel for the Corporation submits that on survey, encroachment has been found and the steps would be taken for removal of encroachment and, if needed, with police assistance.

5. The Corporation is entitled to take steps in accordance with law for the removal of encroachment, of course, if there are no prohibitory orders against it.

6. The writ petition is disposed of. There will be no order as to costs.

(S.V.G., CJ.) (P.D.A., J.) 01.08.2023 Index :

Yes/No :

Yes/No kpl To

1. The Commissioner Chennai Corporation Ribbon Building, Chennai.

2. The Zonal Officer Zone 8, Corporation of Chennai Chennai.

3. The Assistant Engineer Zone 8, Ward 95 Corporation of Chennai Chennai.

4. The Executive Engineer Zone 8, Corporation of Chennai Chennai.

5. The Tahsildar Ayanavaram Taluk, Chennai.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(kpl) 01.08.2023