Madras High CourtWP/21790/2019disposed of

S.Parthiban v. The Principal Secretary

2021-02-11Honourable The Chief Justice,Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.02.2021 CORAM :

THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.No.21790 of 2019 S.Parthiban ...

Petitioner Vs 1 The Principal Secretary Municipal Administration and Water Supply Department Secretariat Chennai 600 009 2 The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajan Building No. 1 Gandhi Irvin Road Egmore Chennai 600 008 3 The Commissioner 4 The Deputy Commissioner (Works) 5 The Regional Joint Commissioner 6 The Regional Deputy Commissioner (Central) Pulla Avenue, Shenoy Nagar Chennai 30.

7 The Asst. Commissioner Corporation of Chennai Zone-X Kodampakkam, Chennai-24.

8 The Zonal Officer Greater Chennai Corporation Zone-10 Kodambakkam, Chennai 600 024 9 The Executive Engineer Corporation of Chennai Zone 10 Kodambakkam Chennai 600 024 10 The Executive Engineer BRR (Bus Route Road) 11 The Tahsildhar Mambalam Taluk Office of the Mambalam Taluk Chennai District.

...

Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the tenth respondent to remove the entire remaining encroachments in the Kodambakkam Road (Bus Route Road) and widen the same as per the Proceeding of the 8th respondent in Zone-X/C.No.A8/13411/2016 dated 06.07.2016 within a time stipulated by this Honble Court by implementing the Second Master Plan of the second respondent for Chennai Metropolitan Area forthwith.

For Petitioner : Mr.A.Ilaya Perumal For Respondents : Mr.V.Jayaprakash Narayanan State Government Pleader for respondent Nos.1 and 11 Mr.M.Ganesan, for RR3 to 10 (Standing Counsel for Corporation)

ORDER

(Order of the Court was made by SENTHILKUMAR RAMAMOORTHY,J.) The writ petitioner seeks a direction to the tenth respondent to remove the entire remaining encroachments in the Kodambakkam Road (Bus Route Road) and widen the same as per the proceedings of the eighth respondent in ZoneX/C.No.A8/13411/2016, dated 06.07.2016. The petitioner states

that a representation was given in this regard on 10.05.2019, but no action has been taken thereon.

2. In several cases of this nature, this Court observed that it is not inclined to exercise discretionary jurisdiction in public interest litigation unless the matter involves significant public interest.

3. Accordingly, without examining the merits of the representation dated 10.05.2019, the official respondents concerned are directed to dispose of the same by a speaking order within a period of six weeks from the date of receipt of a copy of this order, after providing a reasonable opportunity to the affected parties. In the event the petitioner is aggrieved by such decision, it is open to the petitioner to pursue his remedies in accordance with law, otherwise than by a public interest litigation, after establishing his locus standi in that regard.

4. W.P.No.21790 of 2019 is disposed of on the above terms. There will be no order as to costs.

Consequently, W.M.P.No.20998 of 2019 is closed.

Sd/- Assistant Registrar (C.S.II) /True Copy/ Sub Assistant Registrar To:

1 The Principal Secretary Municipal Administration and Water Supply Department Secretariat Chennai 600 009 2 The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajan Building No. 1 Gandhi Irvin Road Egmore Chennai 600 008 3 The Commissioner

4 The Deputy Commissioner (Works) 5 The Regional Joint Commissioner 6 The Regional Deputy Commissioner (Central) Pulla Avenue, Shenoy Nagar Chennai 30.

7 The Asst. Commissioner Corporation of Chennai Zone-X Kodampakkam, Chennai-24.

+1cc to Mr.Ilaya Perumal, Advocate SR.NO.7939 +1cc to Mr.Karthik Rajan, Advocate SR.NO.8152 +1cc to Mr.M.Ganesan, Advocate SR.NO.7898 +1cc to The Government Pleader SR.NO.8065 AKM/23.02.21/ 4P-16 C/ W.P.No.21790 of 2019 11.02.2021