Padmavathy Srinivasar Nagar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.09.2015

CORAM

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE T.S.SIVAGNANAM W.P.No.28990 of 2015 and M.P.No.1 of 2015 Padmavathy Srinivasar Nagar Public Welfare Sangam, (Reg. No.239/2003) No.4, Kamaajar street, Padmavathy Srinivasar Nagar, Ambattur, Chennai-600 053.

.. Petitioner -vs1. The District Collector, Thiruvallur District, Thiruvallur.

2. The Tahsildar, Ambattur, Chennai-600 053.

3. The Commissioner, Corporation of Chennai, Chennai-600 003.

4. V.Umapathy

5. R.Sekar

6. K.Dharani .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondents 1 to 3 to remove the encroachments caused by the respondents 4 to 6 to a length of 14 feet on the 40 feet Odai Pattai road by extending constructions of Plot Nos.32C and 32B, Padmavathi Srinivasa Nagar, Ward 79, Zone 7, Ambattur, Chennai-600 053 and further forbearing the respondents 1 to 3 from in any manner allowing any construction activities to be carried out by respondents 5 and 6 by extending the

construction in Plot No.32C and 32B out of 40 feet to a length of 14 feet of Odai Pattai road in Ward 79, Zone 7, in Ambattur, Chennai-600 053.

For Petitioner : Mr.A.R.Suresh for M/s.J.Muthukumaran For Respondent : Mr.STS.Moorthy, Government Pleader assisted by Mr.V.R.Kamalanathan, Addl. G.P.

Mr.V.Shanmugasundar, Govt. Advocate for R1 and R2 Mr.K.Soundararajan for R3

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) The Residents Welfare Association of Padmavathy Srinivasar Nagar alleges that respondent Nos.5 and 6, who have purchased the land in the area being Plot Nos.32C and 32B are constructing on the same after sanction, but the construction is planned in a manner that it extends to Odai Pattai road. It is the say of the petitioner that despite the repeated requests including vide representation dated 22.12.2014, no steps had been taken.

2. We, thus, direct respondent No.2 to dealt with the aforesaid representation of the petitioner, get the area measured to ensure that the construction is as per the sanctioned plan on the Plots and dispose of the representation within a maximum period of one month from the date of receipt of the copy of the order, after notice to all concerned.

3. The writ petition, accordingly, stands disposed of. No costs. Consequently, M.P.No.1 of 2015 is closed.

-Sd/- Assistant Registrar //True copy// Sub Assistant Registrar

bbr To 1.The District Collector, Thiruvallur District, Thiruvallur.

2.The Tahsildar, Ambattur, Chennai-600 053.

3.The Commissioner, Corporation of Chennai, Chennai-600 003.

+1 cc to Mr.K.Soundararajan,Advocate(sr.51032) +1 cc to Mr.J.Muthukumaran,Advocate(sr.50203) +1 cc to Government Pleader,(sr.50502) W.P.No.28990 of 2015 ak(co) cp 25/09/2015