Achyutha v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.05.2023 CORAM :

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA THE HONOURABLE MR.JUSTICE C.SARAVANAN Achyutha, Male/aged 74 years, S/o.G.V.Emberumal Chetty, Trustee, Calimidi Namberumal Chettys Charities Registered office at No.19, Mangesh Street, T.Nagar, Chennai 600 017.

... Petitioner Vs.

1.The Commissioner, Greater Chennai Corporation, Rippon Building, Periyar EVR Salai, Park Town, Chennai 600 003.

2.The Assistant Commissioner, Greater Chennai Corporation, Ward No.133, Zone 10, Arcot Road, Kodambakkam, Chennai 600 024.

3.The Commissioner of Police, O/o.The Commissioner of Police Greater Chennai, EVK Sampath Salai, Vepery, Chennai 600 007.

4.The Inspector of Police, Law and Order, R1 Mambalam Police Station, T.Nagar, Chennai 600 017.

... Respondents 1/4

PRAYER: Writ Petition is filed under Article 226 of Constitution of India, to issue Writ of Mandamus directing the respondents No.1 & 4 to remove the unauthorized platform shops put up in front of the Petitioner's trust building at Door No.14, Nageeswara Row Road, Thiyagaraya Nagar, Chennai with the help of the respondents by considering the Petitioner's representation dated 23.03.2023 and 03.04.2023.

For Petitioner : Mr.D.Veerasekharan For Respondents : Mr.D.B.R.Prabhu (for R1 & R2) Standing counsel Mr.J.Ravindran (for R3 & R4) Additional Advocate General Assisted by Mr.A.Selvendran Special Government Pleader

O R D E R

A.D.JAGADISH CHANDIRA.,J C.SARAVANAN.,J This Writ Petition has been filed seeking direction to the respondents No.1 & 4 to remove the unauthorized platform shops put up in front of the Petitioner's trust building at Door No.14, Nageeswara Row Road, Thiyagaraya Nagar, Chennai, with the help of the respondents by considering the Petitioner's representation dated 23.03.2023 and 03.04.2023. 2.Mr.D.B.R.Prabhu, learned Standing counsel, takes notice on behalf of R1 & R2 and Mr.J.Ravindran, learned Additional Advocate General, 2/4

Assisted by Mr.A.Selvendran, learned Special Government Pleader, takes notice on behalf of R3 & R4.

3.The Writ Petition is disposed at the time of admission, without expressing any opinion on the merits of the case, by simply directing the 1st Respondent to consider and pass appropriate orders on the Petitioner's representations dated 23.03.2023 and 03.04.2023, within a period of twelve weeks from the date of receipt of a copy of this order, in accordance with law and on merits. It is needless to state that before taking any action to remove the alleged encroaches put up in front of the Petitioner's trust, notice shall be issued to the parties, concerned.

4.With the above observation, the Writ Petition stands disposed. No costs.

(ADJCJ) (CSNJ) 04.05.2023 Index : Yes/No : Yes/No Speaking Order/Non-Speaking Order sai/nsd 3/4

A.D.JAGADISH CHANDIRA.,J C.SARAVANAN.,J sai To 1.The Commissioner, Greater Chennai Corporation, Rippon Building, Periyar EVR Salai, Park Town, Chennai 600 003.

2.The Assistant Commissioner, Greater Chennai Corporation, Ward No.133, Zone 10, Arcot Road, Kodambakkam, Chennai 600 024.

3.The Commissioner of Police, O/o.The Commissioner of Police Greater Chennai, EVK Sampath Salai, Vepery, Chennai 600 007.

4.The Inspector of Police, Law and Order, R1 Mambalam Police Station, T.Nagar, Chennai 600 017.

Dated: 04.05.2023 4/4