T.V.Naga Industrial Estate Owners v. The Commissioner

2024:MHC:1374

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.03.2024

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR and W.M.P.No.20568 of 2020 T.V.Nagar Industrial Estate Owner's Association, (Regn.No.195 of 2014) Rep. by its President, M.S.Venkatesan Plot No.3, T.V.Nagar, Mugalivakkam, Chennai 600 089.

... Petitioner Vs.

1.The Commissioner, Greater Corporation of Chennai, Ripon Building, Chennai - 3.

2.The Inspector of Police, Mangadu Police Station, Chennai - 600 122.

3.The Assistant Commissioner of Police, St. Thomas Mount, Chennai - 16.

4.The Joint Commissioner of Police, Chennai South Zone, St. Thomas Mount, Chennai - 16.

5.K.Ramachandran 6.K.Parthiban 7.G.Thirumurthy ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st respondent to take action against encroachment / damaging of public pathway/road, measuring an extent of 1200 sq.ft. (20 feet width X 60 feet length). Referred as T.V.Nagar Road, T.V.Nagar, Mugalivakkam Village, more fully described in the schedule hereunder and pass such other order. For Petitioner : Mr.Alex Abraham For Mr.R.Prabhakaran For R1 : Mr.E.C.Ramesh Standing Counsel [For GCC] For R2 to R4 : Mr.A.Selvendran Special Government Pleader For R5 to R7 : Mr.V.Ravi Kumar

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] The learned counsel for the petitioner made a submission that the issues between the private parties had been settled out of the Court.

2. However, the learned Standing Counsel appearing on behalf of the Chennai Corporation would submit that there is no road encroachment identified in that locality nor any public property has been encroached upon.

3. In view of the said submission, no further adjudication is required. However, the Commissioner, Chennai Corporation is directed to inspect the properties through the subordinate officials and ensure that there is no encroachment on the road or in the public properties. If any encroachments are identified initiate all appropriate actions.

4. With the above directions, this Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed [S.M.S., J.] [K.R.S., J.] 12.03.2024 Jeni Index : Yes Speaking order / Non-speaking order To 1.The Commissioner, Greater Corporation of Chennai, Ripon Building, Chennai - 3.

2.The Inspector of Police, Mangadu Police Station, Chennai - 600 122.

3.The Assistant Commissioner of Police, St. Thomas Mount, Chennai - 16.

4.The Joint Commissioner of Police, Chennai South Zone, St. Thomas Mount, Chennai - 16.

S.M.SUBRAMANIAM, J.

and K.RAJASEKAR, J.

Jeni 12.03.2024