C.R.Balakumar, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.08.2023
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU 1.C.R.Balakumar 2.N.Janakiraman 3.E.R.Sundarsanam 4.S.Krishnaswamy 5.Kalavathy Gopalan 6.Dr.Sripriya Giri 7.K.Venkatesh 8.E.Senthilkumar 9.V.Deivasikamani 10.G.Balakrishnan 11.Poongodi Balakrishnan 12.Tushar Kanti Chowdhury : Petitioners versus 1.The District Collector, Kancheepuram 2.The Commissioner Pallavaram Municipality 3rd Main Road, Chrompet, Chennai-600 044.
3.The Deputy Commissioner of Police St. Thomas Mount, Chennai.
4.The Asst. Commissioner of Police Velachery Main Road, Selaiyur, Chennai-600 073.
5.The Inspector of Police S12 Chitlapakkam Police Station 2nd Main Road, Chitlapakkam Chrompet, Chennai-600 064.
6.The Director General (i/c) Highways Department HRS Campus, 76 Sardar Patel Road Guindy, Chennai-600 025.
7.Additional Chief Secretary to Government Highways & Minor Ports Department, Fort St. George Secretariat, Chennai-600 009. 8.The Member Secretary CMDA, Thalamuthu Natarajan Building, 1, Gandhi Irwin Road, Egmore, Chennai-600 008. 9.Vijayaga Marriage Hall No.11 Rajendra Prasad Road, Nehru Nagar Chrompet Chennai-600 044.
10.Rajan Stores No.13 Rajendra Prasad Road Nehru Nagar Chrompet Chennai-600 044.
11.Mahalakshmi Petrol Bunk No.5(2A), Rajendra Prasad Road, Nehru Nagar Chromepet Chennai-600 044.
12.Priya Cements No.3, Rajendra Prasad Road, Nehru Nagar Chrompet, Chennai-600 044.
13.Sri Vinayaka Automobiles Akshaya Flats D.No.79/22 Rajendra Prasad Road, Nehru Nagar Chrompet Chennai-600 044.
: Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing respondents 1 to 8 to take steps immediately to remove the street hawkers and also the illegal occupation of the footpath by the shop owners and demolish the illegal constructions made by the respondents 9 to 13 so as to make the footpath usable only by the pedestrians throughout the stretch of Rajendra Prasad Road, Nehru Nagar, Chrompet, Chennai-600 044. For the petitioner :
Mr.M.Arun Kumar, for Mr.R.Pawan Kumar Dhanuka For respondents 1, 3 to 7 :
Mr.P.Muthukumar, State Government Pleader, Assisted by Mr.K.Karthik Jegannathan Government Advocate For respondent No.2 :
Mr.P.Srinivas For respondent No.8 :
Ms.Veena Suresh For respondent No.10 :
Mr.V.S.Ravichandran For respondent No.11 :
Mr.R.Narayanan For respondent No.12 :
Mr.G.Veerapathiran Not ready in notice with regard to respondents 9 and 13
ORDER
(Made by the Hon'ble Chief Justice) We have heard Mr.M.Arun Kumar, learned counsel for the petitioner, Mr.P.Muthukumar, learned State Government Pleader, for respondents 1, 3 to 7, Mr.P.Srinivas, learned counsel for respondent No.2, Ms.P.Veena Suresh, learned counsel for respondent No.8, Mr.V.S.Ravichandran, learned counsel for respondent No.10, Mr.R.Narayanan, learned counsel for respondent No.11 and Mr.G.Veerapathiran, learned counsel for respondent No.12.
2. The petitioner submits that there is encroachment and deviation, and the footpath is encroached by shop owners/respondents 9 to 13. Respondent No.9 has constructed marriage hall and has encroached upon the footpath. So also respondents 10, 11 and 13 have carried out encroachments on the footpath.
3. Learned counsel for respondent No.12 submits that respondent No.12 has vacated the premises.
4. Learned counsel for the Municipal Corporation submits that the Highways Authority has removed the encroachments. The Corporation has rendered all assistance to the Highways Department for removal of encroachment and the footpath is marked out clearly.
5. Learned counsel for the Corporation further submits that the Corporation would call for building plan from respondents 9 to 11 and 13 and if any deviation is found, then action would be taken immediately in accordance with law.
6. In view of the said statement, the Writ Petition is disposed of. There will be no order as to costs. Consequently, WMP Nos.28000 and 28001 of 2018 are closed.
(S.V.G., CJ.) (P.D.A., J.) 25.08.2023 Index : Yes/No : Yes/No tar
To 1.The District Collector, Kancheepuram 2.The Commissioner Pallavaram Municipality 3rd Main Road, Chrompet, Chennai-600 044.
3.The Deputy Commissioner of Police St. Thomas Mount, Chennai.
4.The Asst. Commissioner of Police Velachery Main Road, Selaiyur, Chennai-600 073.
5.The Inspector of Police S12 Chitlapakkam Police Station 2nd Main Road, Chitlapakkam Chrompet, Chennai-600 064.
6.The Director General (i/c) Highways Department HRS Campus, 76 Sardar Patel Road Guindy, Chennai-600 025.
7.Additional Chief Secretary to Government Highways & Minor Ports Department, Fort St. George Secretariat, Chennai-600 009.
8.The Member Secretary CMDA, Thalamuthu Natarajan Building, No.1, Gandhi Irwin Road, Egmore Chennai-600 008.
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.
(tar) 25.08.2023