A.S.Ganesan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:03.08.2021 CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P.No.16069 of 2021 A.S.Ganesan
...Petitioner
Vs.
1. The District Collector, Chennai District, Chennai.
2. The Tahsildar, Guindy Taluk, G.S.T. Road, Guindy, Chennai 600 032.
3. The Commissioner, Corporation of Chennai, Ripon Building, Chennai 600 003.
4. The Regional Deputy Commissioner (South), Greater Chennai Corporation, No.115, Dr.Muthulakshmi Salai, Adyar, Chennai 600 020.
5. The Zonal Officer, Zone 13, Corporation of Chennai, No.115, Dr.Muthulakshmi Salai, Adyar, Chennai 600 020.
6. The Assistant Executive Officer, Division 40A, Zone-13, Chennai Corporation, Brindavan Nagar Main Road, Adambakkam, Chennai 600 088.
7. The Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment, No.119, Utamar Gandhi Road, Thousand Lights West, Nungambakkam, Chennai 600 034.
...Respondents
Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to remove the encroachment of the 17 shops located on the Guindy Race Course Road, comprised in T.S.No.25, Block No.4, Adyar, Guindy Taluk, Chennai District to facilitate the free flow of traffic of vehicles, pedestrians and worshippers of the adjacent temple.
For Petitioner :
Ms.S.Vasanthi For Respondents : Mr.P.Muthukumar Counsel for State for RR 1, 2 and 7 :
Mrs.Karthikaa Ashok Stdg. Counsel for RR 3 to 6
ORDER
(Made by the Hon'ble Chief Justice) The petitioner complains of several shops that have sprung up on Guindy Race Course road in T.S.No.25, Block No.4, Adyar, Guindy Taluk, Chennai District.
2. It is evident that a written representation has been made by or on behalf of petitioner to the respondent authorities, but no action has been taken.
3. Mr.P.Muthukumar, who takes notice on behalf of respondent Nos.1, 2 and 7, says that the second respondent Tahsildar will be the appropriate authority to look into the matter. Ms.Karthikaa Ashok takes notice on behalf of respondent Nos.3 to 6.
4. The petitioner is permitted to carry a fresh, detailed representation to the second respondent Tahsildar within a fortnight from date, whereupon such official will inquire into the matter and communicate a reasoned decision in such regard to the petitioner within ten weeks of the receipt of the representation. The Tahsildar will give the petitioner and any other person likely to be affected by his order, a reasonable opportunity of hearing before passing the order.
5. All steps need to be expeditiously taken in accordance with law to remove any encroacher, in the event any encroachment is found, including by the Corporation officials.
W.P.No.16069 of 2021 is disposed of. There will be no order as to costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar sra To:
1. The District Collector, Chennai District, Chennai.
2. The Tahsildar, Guindy Taluk, G.S.T. Road, Guindy, Chennai 600 032.
3. The Commissioner, Corporation of Chennai, Ripon Building, Chennai 600 003.
4. The Regional Deputy Commissioner (South), Greater Chennai Corporation, No.115, Dr.Muthulakshmi Salai, Adyar, Chennai 600 020.
5. The Zonal Officer, Zone 13, Corporation of Chennai, No.115, Dr.Muthulakshmi Salai, Adyar, Chennai 600 020.
6. The Assistant Executive Officer, Division 40A, Zone-13, Chennai Corporation, Brindavan Nagar Main Road, Adambakkam, Chennai 600 088.
7. The Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment, No.119, Utamar Gandhi Road, Thousand Lights West, Nungambakkam, Chennai 600 034.
+1 CC to Ms.Karthiga Ashok, Advocate, Sr 37624. +1 CC to Ms.S.Vasanthi, Advocate, Sr 38105.
+1 CC to The Government Pleader, Sr 38002.
W.P.No.16069 of 2021 AK-II(CO) LS(06/08/2021)