R.Ramakrishnan v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.06.2023
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P No.18709 of 2023 R.Ramakrishnan Petitioner vs.
1.
The Commissioner, Greater Chennai Corporation, Ribbon Building, Chennai.
The Zonal Officer, Zone - VII, Greater Chennai Corporation, Ambattur Division, Ambattur, Chennai 53.
The Superintending Engineer, (Bus Route Roads & Quality Control) Greter Chennai Corporation Ribbon Building, Chennai.
..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents to arrange way to reach the Petitioner building and customers to reach shops by alter the bus shelter erected in front of the Petitioner building at
No.116, Kallikuppam Rod, Venkatapuram, Ambattur, Chennai 600 053. For Petitioner : Mr.C.Prakash For Respondents : Ms.Aswini Devi Standing counsel
O R D E R
This writ petition has been filed for the issue of writ of Mandamus directing the respondents to provide sufficient space to enable the petitioner and the customers visiting the shops, for free ingress and egress into those shops.
Heard Mr.C.Prakasam, learned counsel for the petitioner and Ms.Aswini Devi, learned Standing counsel for respondents. The case of the petitioner is that the petitioner had constructed a house and three small shops in the ground floor after obtaining building plan approval from the corporation. The grievance of the petitioner is that the respondent attempted to put up a bus shelter completely covering the entrance of the shops. The petitioner objected for the same and inspite of such objections, the bus shelter has been put up and thereby, the petitioner has been prevented from
having free access to her shops. That apart, the customers are also not able to conveniently reach the shops as a result it has affected the livelihood of the petitioner. Aggrieved by the same, the present writ petition has been filed before this Court.
4.
In the considered view of this Court, the Corporation officials ought to have taken into consideration the fact that the petitioner was having ingress and egress to the shops and the same was the case with the customers who came to the shops. On a cursory look at the photographs that was produced before this court, it is seen that the bus shelter has virtually covered the front portion of the shops and it has prevented the petitioner and the customers from accessing the shops. The petitioner has made written representation in this regard requesting for leaving some space to enable free ingress and egress to the shops. Since the same was not considered, the present writ petition has been filed before this Court.
5.
The bus shelter has been put up by the respondents for the convenience of the passengers to board the bus. However, this cannot
be done by completely covering the front portion of the shops and thereby, preventing the petitioner and the customers to have free ingress and egress to the shops. Therefore, the representation made by the petitioner has to be necessarily considered by the 2nd respondent and the 2nd respondent has to take immediate steps to give more space to the petitioner for free ingress and egress to the shops. This process shall be completed by the 2nd respondent within a period of two weeks from the date of receipt of a copy of this order. 6.
This writ petition is disposed of with the above directions. No costs.
27.06.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order rka
To 1.
The Commissioner, Greater Chennai Corporation, Ribbon Building, Chennai.
The Zonal Officer, Zone - VII, Greater Chennai Corporation, Ambattur Division, Ambattur, Chennai 53.
The Superintending Engineer, (Bus Route Roads & Quality Control) Greter Chennai Corporation Ribbon Building, Chennai.
N. ANAND VENKATESH, J.
rka W.P No.18709 of 2023 27.06.2023