S.Janaki Devi v. The Assistant Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.03.2024 CORAM :
THE HON'BLE MR. JUSTICE S.S.SUNDAR AND THE HON'BLE MR.JUSTICE G.ARUL MURUGAN Mrs.S.Janaki Devi ..
Petitioner v.
1. The Assistant Engineer Zone VIII, Greater Chennai Corporation No.36B/12B, Pulla Avenue Road Shenoy Nagar, Chennai 600 030
2. The Executive Engineer Zone VIII, Greater Chennai Corporation No.36B/12B, Pulla Avenue Road Shenoy Nagar, Chennai 600 030
3. The Commissioner Greater Chennai Corporation Ripon Building, Park Town Chennai 600 003
4. The Chairman The Tamil Nadu Slum Clearance Board No.5, Kamarajar Salai Triplicane, Chennai 600 005
5. V.Gunasekaran ..
Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to remove the illegal construction made in front of the petitioner plot by encroaching 20 feet wide road namely M.S.Nagar 3rd Street, Chetpet, Chennai 600 031 by the 5th respondent and direct the respondents to make free access to the road, based in the representation made on 27.09.2021. For Petitioner ::
Mr.S.Aswin Karthikeyan For Respondents ::
Mr.D.B.R.Prabhu Standing Counsel for R1 to R3 Mr.S.Karthikeyan Standing Counsel for R4
ORDER
(Order of the Court was made by S.S.SUNDAR,J.) This writ petition is filed for issuance of a mandamus to the respondents 1 to 3 to remove the illegal construction made in front of the petitioner's plot by encroaching 20 feet wide road, namely, M.S.Nagar 3rd Street, Chetpet, Chennai 600 031 by the 5th respondent and direct the respondents to make free access to the road, by considering the representation of the petitioner dated 27.09.2021.
2. The learned Standing Counsel appearing for the fourth respondent states that the encroachment made by the fifth respondent on the road had been removed.
3. A status report is filed by the fourth respondent reporting the action taken by the fourth respondent in removing the encroachment on the 20 feet road caused by the fifth respondent.
4. Despite this Court conceded the prayer asked for by the petitioner, the learned counsel for petitioner repeatedly states that there must be a further direction by this Court for removal of any other encroachment in the 20 feet road. Since the prayer has now been conceded, the writ petition is closed recording the removal of encroachment in the 20 feet road. If any encroachment is noticed, it is open to the fourth respondent to take action without reference to any Court order. No costs. Index : yes/no (S.S.S.R.,J.) (G.A.M.,J.) 01.03.2024 ss
To
1. The Assistant Engineer Zone VIII, Greater Chennai Corporation No.36B/12B, Pulla Avenue Road Shenoy Nagar, Chennai 600 030
2. The Executive Engineer Zone VIII, Greater Chennai Corporation No.36B/12B, Pulla Avenue Road Shenoy Nagar, Chennai 600 030
3. The Commissioner Greater Chennai Corporation Ripon Building, Park Town Chennai 600 003
4. The Chairman The Tamil Nadu Slum Clearance Board No.5, Kamarajar Salai Triplicane, Chennai 600 005
S.S.SUNDAR,J.
AND G.ARUL MURUGAN,J.
ss 01.03.2024