R.Hari Prabhu v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.05.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN W.P.No. 18405 of 2025 R.Hari Prabhu .. Petitioner vs

1. The District Collector, Chennai Rajaji Salai, George Town, Chennai 600 001.

2.The Chennai Metropolitan Development Authority, Rep.by its Member Secretary, Thalamuthu - Natarajan Maaligai, No.1, Gandhi Irwin Road, Egmore, Chennai 600 008.

3.The Tahsildar,Alandur, Military Quarters 15/17, Military Quarters, Alandur, Chennai 600 016.

4.The Land Surveyor, Military Quarters 15/17, Military Quarters, Alandur, Chennai 600 016.

5.The Commissioner, Park Town, Chennai 600 003.

6.Regional Deputy Commissioner (South), 1/6

Adyar, Chennai 600 020.

7.The Asst. Commissioner, Zone 12, (Ward No.157), Greater Chennai Corporation.

8.The Executive Engineer, Building Department, #53, Raja Muthaiah Road, Poongavanapuram, Chennai 600 003.

9.The Commissioner of Police, Greater Chennai Police, EVK Sampath Road, Vepery, Chennai 600 007.

10.T.Ravi .. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus to direct the respondents 1 to 9 to consider the representation of the petitioner, dated 17.08.2024, and take immediate action to remove the encroachment made by the 10th respondent over the public road in S.No.590, in front of Door No.1/473, in S.F.No.589/18, 589/20 in Bajanai Koil Street, Periya Colony, Manappakkam Village, Alandur Taluk.

For Petitioner :

Mr.S.Venkatesh For Respondents :

Mr.Karthik Jaganathan Government Advocate for R1, R3 & R4 Mr.Akhil Akbar Ali, 2/6

Standing Counsel for CMDA for R2.

Mr.E.C.Ramesh, Standing Counsel for R5 to R9

ORDER

(Made by G.R.SWAMINATHAN., J.) Heard learned counsel for the petitioner, learned Government Advocate and the learned Standing Counsel for the official respondents. Issuance of notice to R10 is dispensed with.

2.Petitioner alleges that the tenth respondent has encroached on a public road. In this regard, the petitioner has given a representation dated 17.08.2024 to the official respondents. The learned Standing Counsel for the Corporation submits that the fifth respondent will pass orders after conducting enquiry.

3.The fifth respondent is directed to issue notice to the tenth respondent and pass appropriate orders by considering the representation of the petitioner dated 17.08.2024 after due enquiry. If the enquiry reveals that the tenth respondent had encroached the public pathway, the same shall be removed. The entire exercise shall be completed within a period of four months from the date of receipt of a copy of this order. 3/6

4.The writ petition is disposed of accordingly. No costs. [G.R.S.,J] [V.L.N.,J] gpa/sli 14.05.2025 Index:Yes/No To

1. The District Collector, Chennai Rajaji Salai, George Town, Chennai 600 001.

2.The Chennai Metropolitan Development Authority, Rep.by its Member Secretary, Thalamuthu - Natarajan Maaligai, No.1, Gandhi Irwin Road, Egmore, Chennai 600 008.

3.The Tahsildar,Alandur, Military Quarters 15/17, Military Quarters, Alandur, Chennai 600 016.

4.The Land Surveyor, Military Quarters 15/17, Military Quarters, Alandur, Chennai 600 016.

5.The Commissioner, Park Town, Chennai 600 003.

6.Regional Deputy Commissioner (South), 4/6

Adyar, Chennai 600 020.

7.The Asst. Commissioner, Zone 12, (Ward No.157), Greater Chennai Corporation.

8.The Executive Engineer, Building Department, #53, Raja Muthaiah Road, Poongavanapuram, Chennai 600 003.

9.The Commissioner of Police, Greater Chennai Police, EVK Sampath Road, Vepery, Chennai 600 007.

5/6

G.R.SWAMINATHAN, J.

and V. LAKSHMINARAYANAN, J.

gpa/sli 14.05.2025 6/6