S. Sankari, v. The Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.07.2024 CORAM :
THE HON'BLE MR.R.MAHADEVAN, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ S. SANKARI .. Petitioner vs 1.THE COMMISSIONER, GREATER CHENNAI CORPORATION, RIPON BUILDING, CHENNAI -600 003.
2.THE MANAGING DIRECTOR, TAMIL NADU HOUSING BOARD, CMDA COMPLEX, E AND C MARKET ROAD, KOYAMBEDU, CHENNAI -600107.
3.THE COMMISSIONER OF POLICE, GREATER CHENNAI, 132, EVK SAMPATH ROAD, VEPERY, PERIYAMET, CHENNAI -600 007.
4.THE THASILDAR, AMBATHUR TALUK, AMBATHUR, CHENNAI -600053.
5.M.SUNDER RAJ .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the first respondent to remove the encroachment made by fifth respondent in Survey No.489/1, Mugappair Village, Chennai and further direct the third respondent to take legal action against the fifth respondent based on the petitioner's representation dated 10.05.2024 and representation made by local residents dated 06.05.2024.
For the Petitioner : Mr.J.S.Arunkumar For the Respondents : Mr.E.C.Ramesh for respondent No.1 : Mr.R.Muniyapparaj Additional Public Prosecutor for respondent No.3 : Mr.A.Edwin Prabakar State Government Pleader for respondent No.4
ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice) The petitioner has filed this writ petition seeking issuance of a writ of mandamus directing the first respondent to remove the encroachment made by the fifth respondent in Survey No.489/1, Mugappair Village, Chennai and to direct the third respondent to take legal action against the fifth respondent based on the petitioner's representation dated 10.5.2024 and the representation of the local residents dated 6.5.2024.
2. Mr.E.C.Ramesh, learned counsel for the first respondent, on instructions, submitted that the first respondent shall pass orders on the representation of the petitioner dated 10.5.2024 on merits and in accordance with law, after affording opportunity to all concerned.
3. Recording the submission made by learned counsel for the first respondent and without expressing any opinion on the merits of the matter, the writ petition is disposed of by directing the first respondent to consider the representation of the petitioner dated
10.5.2024 and pass orders on merits and in accordance with law, after affording reasonable opportunity to the fifth respondent, within a period of eight weeks from the date of receipt of a copy of this order. There shall be no order as to costs.
(R.M.D., ACJ.) (M.S.Q., J.) 03.07.2024 Index :
Yes/No NC :
Yes/No bbr To:
1.THE COMMISSIONER, GREATER CHENNAI CORPORATION, RIPON BUILDING, CHENNAI -600 003.
2.THE MANAGING DIRECTOR, TAMIL NADU HOUSING BOARD, CMDA COMPLEX, E AND C MARKET ROAD, KOYAMBEDU, CHENNAI -600107.
3.THE COMMISSIONER OF POLICE, GREATER CHENNAI, 132, EVK SAMPATH ROAD, VEPERY, PERIYAMET, CHENNAI -600 007.
4.THE THASILDAR, AMBATHUR TALUK, AMBATHUR, CHENNAI -600053.
THE HON'BLE ACTING CHIEF JUSTICE AND MOHAMMED SHAFFIQ,J.
bbr 03.07.2024