S.Ragu v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.01.2015
CORAM
The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.M.SUNDRESH W.P.No.28800 of 2014 S.Ragu .. Petitioner -vs1 The Commissioner Corporation of Chennai, Ripon Buildings, Chennai-3.
2 The Commissioner of Police Chennai City, Vepery, Chennai.
3 The District Collector Chennai District, Singaravelar Maligai, Rajaji Salai, Chennai-1.
4 Excellent Engineering 34 Iyappa Street, Mannady, Chennai-1.
5 VMK Traders 258 Lingi Chetty Street, Mannady, Chennai-1.
6 Hajjath Traders 13B Narayanappa Street, Chennai-1.
7 Nisther Traders 13B Narayana Street, Chennai-1.
8 M.S.Naina Mohd Sons 256 Lingi Chetty Street, Chennai-1.
9 Ibrahim & Co.
248 Lingi Chetty Street, Chennai-1.
10 CKM Steel 59 Mannady Street, Chennai-1.
11 Nazer Steel 148/247 Lingi Chetty Street, Chennai-1.
12 Minerva Steel 203/98 Lingi Chetty Street, Chennai-1.
13 K.T.Steel Enterprises 246 Lingi Chetty Street, Chennai-1.
14 Premium Steel 209 Lingi Chetty Street, Chennai-1.
15 Bismi Rolling Sheets 263B Lingi Chetty Street, Chennai-1.
16 Sayeed Trading Co.
124 Angappa Naicken Street, Chennai-1.
.. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct respondents 1 to 3 to take immediate and permanent measures to keep the roads in George town area in Chennai free from any type of encroachment by respondents 4 to 16 caused by their iron cutting operations or loading or unloading operations.
For Petitioner : Mr.A.Sirajudeen For Respondents: Mr.M.Govindaraj for R-1 : Mr.S.T.S.Moorthy, Govt. Pleader for RR 2 and 3 : Mr.AR.L.Sundaresan, S.C.
For M/s.AL.Gandhimathi for RR4 to 11, 13 to 16.
: Mr.M.imithias for R-12
O R D E R
(Order of the Court was made by The Hon'ble Chief Justice) The respondents-authority state that the area beyond the four corners of the shops has been cleared and a vigil is being maintained to ensure that there is no re-encroachment. We take the said stand on record, making it clear that if any re-encroachment is permitted, that will be under pain of contempt.
2.The private respondents are also stated to have given an undertaking before this Court that they will carry on business only within the four corners of their shops. Their undertaking is accepted and they shall remain bound by the undertaking and the learned counsels are also made aware of the consequences of violation of this undertaking, which would be under pain of contempt, apart from the fact that their shops would be locked-up.
3.In view of the aforesaid position, no further orders are required. Writ Petition, accordingly, stands disposed of. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar sra 1 The Commissioner Corporation of Chennai, Ripon Buildings, Chennai-3.
2 The Commissioner of Police Chennai City, Vepery, Chennai.
3 The District Collector Chennai District, Singaravelar Maligai, Rajaji Salai, Chennai-1.
+ 1 cc to M/s. AL.Ganthimathi, Advocate Sr.3123 + 1 cc to M/s. Govindaraj, Advocate Sr.2975 + 1cc to Mr.A.Sirajudeen, Advocate SR.3066 + 1 cc to Government Pleader Sr.3162 W.P.No.28800 of 2014 NM(CO) EU 02.02.15