B.Hemanthraj, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.07.2016
CORAM
THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.No.23323 of 2016 B.Hemanthraj ..
Petitioner -vs1. The District Collector Tiruvallur District Collectorate, Tiruvallur 602 001
2. The Commissioner of Police Greater Chennai Police Commissioner Office Building No.132, EVK Sampath Salai Vepery, Chennai 600 007
3. The Revenue Divisional Officer Ambattur Revenue Division Anna Nagar Western Extension Chennai 600 101
4. The Tahsildar Ambattur Taluk, Ambattur Chennai 600 053
5. The Revenue Inspector Ambattur Taluk, Ambattur E.T., Chennai 600 058
6. The Inspector of Police V-4, Rajamangalam Police Station 43, 1st Main Road, Senthil Nagar Kolathur, Chennai 600 099
7. Mr.Balasrikanth ..
Respondents
Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents 1 to 6 to forthwith take necessary steps to remove all the illegal encroachments made by the 7th respondent, his men, agents, etc., and/or by any other person in the 30 feet public road, abutting which the petitioner's property bearing Plot No.3, Rajiv Gandhi Nagar, Thathankuppam, Villivakkam, Chennai 600 049 is situated. For Petitioner ::
Mr.Arun Anbumani for Mr.N.Raja Senthoor Pandian For Respondents ::
Mr.P.S.Sivashanmugasundaram Special Government Pleader for R1 to R6
ORDER
(Order of the Court was delivered by HULUVADI G.RAMESH, J.) The petitioner seeks for issuance of a writ of mandamus, directing the respondents 1 to 6 to forthwith take necessary steps to remove all the illegal encroachments made by the seventh respondent, his men, agents, etc., and/or by any other person in the 30 feet public road, abutting which the petitioner's property bearing Plot No.3, Rajiv Gandhi Nagar, Thathankuppam, Villivakkam, Chennai 600 049 is situated.
2. Heard the learned counsel for the petitioner and the learned Special Government Pleader taking notice on behalf of the respondents 1 to 6.
3. According to the petitioner, he is the owner of the property measuring an extent of 1300 square feet bearing Plot No.3, Rajiv Gandhi Nagar, Thathankuppam, Villivakkam, Chennai-49 and has been in possession and
enjoyment of the same till date. There is also a 30 feet public road and the said road serves as access to the property of the petitioner as well as to the other properties in the street. It appears that one Mr.Balasrikanth, the seventh respondent herein has encroached upon the said 30 feet public road by putting up a hut just in front of the petitioner's property causing disturbance to the public and the residents of the street. In this regard, the petitioner has also submitted a representation to the respondents 1 to 6 on 23.6.2016 seeking for appropriate action to be initiated against the encroachers and to remove the encroachment, which was being used by the public and the residents of the street. Since the said representation has not been considered till date, he is before this Court.
4. Considering the grievance espoused by the petitioner, we direct District Collector, Tiruvallur District and the subordinate authorities, the respondents 1 to 6 herein to consider the representation of the petitioner dated 23.6.2016 for removal of the encroachment by way of hut put up by the seventh respondent on the public road and to take appropriate action in accordance with law, after due notice to the seventh respondent, within a period of two months from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs.
Index : yes (H.G.R.,J.) (M.V.M.,J.) 06.07.2016 ss
To
1. The District Collector Tiruvallur District Collectorate Tiruvallur 602 001
2. The Commissioner of Police Greater Chennai Police Commissioner Office Building No.132, EVK Sampath Salai Vepery Chennai 600 007
3. The Revenue Divisional Officer Ambattur Revenue Division Anna Nagar Western Extension Chennai 600 101
4. The Tahsildar Ambattur Taluk, Ambattur Chennai 600 053
5. The Revenue Inspector Ambattur Taluk, Ambattur E.T., Chennai 600 058
6. The Inspector of Police V-4, Rajamangalam Police Station 43, 1st Main Road, Senthil Nagar Kolathur Chennai 600 099
HULUVADI G.RAMESH, J.
AND M.V.MURALIDARAN, J.
ss W.P.No.23323 of 2016 06.07.2016