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Madras High CourtWP/28253/2017disposed of

A.Hidayathullah v. The Commissioner,

2017-11-15Honourable Mr Justice S. Vaidyanathan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.07.2017

CORAM:

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN W.P.No.28253 of 2017 A.Hidyatullah ... Petitioner vs.

1.

The Commissioner, Corporation of Chennai, Ripon Buildings, Chennai 600 003.

2.

The Commissioner of Police, Vepery, Chennai 600 007.

... Respondents (R2 is impleaded by this Court vide order dated 15.11.2017 in W.M.P.No.31519 of 2017) Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus, directing the respondent to inspect M.K.Garden Street, Mannady, Chennai - 1 and direct them to install iron ramps at both entry points of the Street to stop the movement of heavy vehicles in the narrow street to live peacefully in the area.

For Petitioner :

Mr.S.T.Varadarajulu For 1st Respondent :

Mr.T.C.Gopalakrishnan For 2nd Respondent :

Mr.S.Diwakar, Special Government Pleader

O R D E R

The petitioner has come up with this Writ Petition seeking a direction to the respondents to inspect M.K.Garden Street, Mannady, Chennai - 1 and direct them to install iron ramps at both entry points of the Street to stop movement of heavy vehicles in the narrow street, to live peacefully in the area. 2.

The case of the petitioner is that the width of the Street in which he is living is 12 feet and that due to the movement of heavy vehicles, i.e. lorry in the said street for loading and unloading goods, free movement of general public is https://hcservices.ecourts.gov.in/hcservices/

obstructed and further, it causes noise pollut 3.

Heard the learned counsel on either side and perused the material documents available on record.

4.

Considering the facts and circumstances of the cases, the respondents are directed to consider the petitioner's representation dated 14.03.2017 and pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. It is made clear that if there are any encroachments on the street in question, the same shall be removed by the respondents. This Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar aeb To:

1.

The Commissioner, Corporation of Chennai, Ripon Buildings, Chennai 600 003.

2.

The Commissioner of Police, Vepery, Chennai 600 007.

+1 cc to M/s.T.C.Gopalakrishnan Advocate sr 81248 +1 cc to M/s.S.T.Varadarajulu Advocate sr 81185 +1 cc to Govt Pleader sr 82022 W.P.No.28253 of 2017 mg(co) aa05/12/2017 https://hcservices.ecourts.gov.in/hcservices/