R.Krishnasamy v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.02.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY R.Krishnasamy .. Petitioner vs 1.The Commissioner, Corporation of Chennai, Rippon Building, Chennai-600 003.

2.The Executive Engineer, Zone IX, Corporation of Chennai, No.1, 4th Cross Street, Nungambakkam, Chennai-600 034.

3.The Assistant Executive Engineer, Corporation of Chennai, Zone IX, Division 119, CIT Colony 6th Main Road, Mylapore, Chennai-04.

4.The Tamil Nadu Slum Clearance Board, rep. by its Managing Director, No.5, Kamaraj Salai, Chennai-600 005.

.. Respondents [Respondent No.4 impleaded as per the order dated 13.9.2021] Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the 1st to 3rd respondents to remove the encroachments made by the hutment dwellers in the public road of Muthiah Garden Street, Royapettah, Chennai-14 and restore the same to 10 meters as per the Corporation Records and provide alternative accommodation to the hutment dwellers.

For the Petitioner : Mr.C.Vigneswaran For the Respondents : Mr.A.Arun Babu for respondents 1 to 3 : Mr.M.Babu Muthu Meeran for respondent No.4

ORDER

(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.C.Vigneswaran, learned counsel for the petitioner; Mr.A.Arun Babu, learned counsel for respondents 1 to 3;

and, Mr.M.Babu Muthu Meeran, learned counsel for the fourth respondent.

2. Learned counsel for the Corporation and the Slum Clearance Board submit that within four weeks the survey would be conducted and, if rehabilitation is to be done, a scheme would be framed for rehabilitation and the road would be cleared.

3. We expect the same to be done and completed within six months.

4. The writ petition is, accordingly, disposed of. There shall be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 01.02.2024 Index :

Yes/No Yes/No bbr

To 1.The Commissioner, Corporation of Chennai, Rippon Building, Chennai-600 003.

2.The Executive Engineer, Zone IX, Corporation of Chennai, No.1, 4th Cross Street, Nungambakkam, Chennai-600 034.

3.The Assistant Executive Engineer, Corporation of Chennai, Zone IX, Division 119, CIT Colony 6th Main Road, Mylapore, Chennai-04.

4.The Tamil Nadu Slum Clearance Board, rep. by its Managing Director, No.5, Kamaraj Salai, Chennai-600 005.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.

bbr 01.02.2024