R.Sasikumar v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.07.2024 CORAM :
THE HON'BLE MR.D.KRISHNAKUMAR, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE K.KUMARESH BABU R.Sasikumar .. Petitioner Vs 1.The Commissioner, Municipality Office, Arcot, Ranipet District-632 503.
2.The Town Building Inspector, Municipality Office, Arcot, Ranipet District-632 503.
3.The Town Land Surveyor, Municipality Office, Arcot, Ranipet District-632 503.
4.The Municipal Administrative Zonal Director, No.50, MP Sarathi Nagar, Kakithapattarai, Vellore-632 012.
.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the first respondent to remove the encroachment in Ward No.4, Azhagappan Street, Arcot
Town, Ranipet District of an extent of 3.81 meters carriage way width pursuant to the representation given by the petitioner dated 20.6.2024.
For the Petitioner : Mr.R.Sunilkumar For the Respondents : Mr.B.Anand for respondents 1 to 3 : Mr.Karthik Jagannath Government Advocate for respondent No.4
ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice) This writ petition has been filed by the petitioner seeking issuance of a writ of mandamus directing the first respondent to remove the encroachments made in Azhagappan Street in Ward No.4, Arcot Town, Ranipet District, by considering the representation of the petitioner dated 20.6.2024.
2. It is the case of the petitioner that the inhabitants of the locality have encroached on the Azhagappan Street in Ward No.4
and by virtue of the same only five feet way is left and the public and pedestrians are put to grave inconvenience and hardship. In this regard, the petitioner sent a representation on 20.6.2024, but the same did not evoke any response.
3. Mr.B.Anand, learned counsel appearing on behalf of respondents 1 to 3, submitted that based on the representation of the petitioner dated 20.6.2024, the first respondent had directed the third respondent to conduct a survey of the area in question and file a report for taking further course of action. The report of the third respondent is awaited and if upon receipt of the report any encroachment is noticed, the first respondent shall take necessary action in accordance with law, after affording an opportunity of hearing to all concerned.
4. Considering the facts and circumstances of the case and the aforesaid submission made by learned counsel for respondents 1 to 3, we direct the third respondent to submit the survey report to the first respondent within two weeks. On receipt of the said
report, if any encroachments are noticed, the first respondent shall proceed in accordance with law, after affording an opportunity of hearing to all the interest parties.
The writ petition is disposed of with the aforesaid directions. There shall be no order as to costs.
(D.K.K., ACJ.) (K.B., J.) 23.07.2024 Index :
No NC :
No sasi To:
1.The Commissioner, Municipality Office, Arcot, Ranipet District-632 503.
2.The Town Building Inspector, Municipality Office, Arcot, Ranipet District-632 503.
3.The Town Land Surveyor, Municipality Office, Arcot, Ranipet District-632 503.
4.The Municipal Administrative Zonal Director, No.50, MP Sarathi Nagar, Kakithapattarai, Vellore-632 012.
THE HON'BLE ACTING CHIEF JUSTICE AND K.KUMARESH BABU,J.
(sasi) 23.07.2024