← Library
Madras High CourtWP/9518/2015disposed of

S.Saraswathy v. The Assistant Engineer

2015-07-02Honourable Mr Justice M. Venugopal,Honourable Mr Justice Satish K. Agnihotri2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.07.2015

CORAM:

THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE M.VENUGOPAL W.P. No. 9518 of 2015 S. Saraswathy Petitioner vs.

1. The Assistant Engineer, Zone - XV, Corporation of Chennai, Sholinganallur, Chennai 600 119.

2. The Inspector of Police, J-8 Neelankarai Police Station, Chennai 600 041.

Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus forbearing the first respondent from demolishing the petitioner's premises at Door No.4/1004, 5th street, Rajendran Nagar, Neelankarai, Chennai 600 041. For petitioner : Ms. S.P. Mullai for Mr. M. Gnanasekar For respondents : Mrs. Karthika Ashoka for R1 Mr. P.S.Sivashanmugasundaram Spl. Govt. Pleader - R2 - - - - -

ORDER

(Order of the Court was made by SATISH K. AGNIHOTRI, J.) With the consent of both parties, this writ petition is taken up for final disposal.

2. Pursuant to the direction passed by this Court in W.P.No. 30883 of 2014, the respondents initiated action for eviction of encroachment .

https://hcservices.ecourts.gov.in/hcservices/

3. The petitioner feeling aggrieved, has approached this Court in this writ petition seeking a direction to the first respondent not to demolish her premises at at Door No.4/1004, 5th street, Rajendran Nagar, Neelankarai, Chennai, without following due process of law.

4. Pursuant to the notice of this Court dated 01.04.2015, the first respondent has filed a counter affidavit stating therein that the Tahsildar, Sholinganallur had de-marcated the road in front of the petitioner's house and there is some encroachment made by the petitioner, which has to be removed. The petitioner is accordingly given notice to take necessary steps for removal of the encroachment on the public road.

5. In such view of the matter, the petitioner is granted two weeks time to remove the encroachment made by her on the public road.

6. With the above observation, the writ petition stands disposed of. Connected miscellaneous petition is closed. No costs. ra s/d- Assistant Registrar(Ad-I) True Copy Sub-Assistant Registrar To

1. The Assistant Engineer, Zone - XV, Corporation of Chennai, Sholinganallur, Chennai 600 119.

2. The Inspector of Police, J-8 Neelankarai Police Station, Chennai 600 041.

+ 1 cc to Mr.M.Gnanasekar, Advocate SR 32896 + 1 cc to Government Pleader SR 33321 + 1 cc to M/s.Karthikaa Ashok, Advocate SR 32736 sv(co) prk23/7 W.P. No.9518 of 2015 https://hcservices.ecourts.gov.in/hcservices/