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Madras High CourtWP/25472/2024disposed of

Thirumullaivoyal Nethaji Nagar Residential Welfare Association v. The Commissioner

2024-09-02Honourable The Acting Chief Justice,Honourable Mr Justice P.B. Balaji5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.09.2024

CORAM:

THE HON'BLE MR.D. KRISHNAKUMAR, ACTING CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE P.B. BALAJI Thirumullaivoyal Nethaji Nagar Residential Welfare Association, Reg No.220/2023, Represented by its Secretary, Mr.R.Janarthanan ... Petitioner versus 1.The Commissioner Corporation of Avadi, Tiruvallur District, Tiruvallur Chennai-600 054.

2.The Tahsildar, Modern City, Deena Dayalan Nagar, Pattabiram, Chennai-600 054.

3.Tamil Nadu Slum Clearance Board, Represent by its Secretary, 1st Main Road, VOC Nagar, Anna Nagar East, 1/5

Chennai, Tamil Nadu-600 010.

4.L.Thanam 5.L.Natarajan ...Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for the issuance of a writ of Mandamus, directing the first respondent to take necessary action on the petitioner's representation dated 05.12.2023 with a direction to the first respondent to remove all the illegal encroachments occupying the public road in Survey No.651, 1st Cross Street, Pallavan Nagar, Thirumullavoyal Village, Ambattur Taluk, Tiruvallur District and pass orders.

For the Petitioner :Mr.Vigneshwar Elango For the Respondents :Mr.T.K.Saravanan Government Advocate for second respondent Mrs.K.Indhumathy Venkatesh Standing Counsel for third respondent 2/5

ORDER

(Made by the Hon'ble Acting Chief Justice) The writ petition is filed for a direction to the first respondent to take necessary action on the petitioner's representation dated 05.12.2023 and also to remove all the illegal encroachments occupying the public road in Survey No.651, 1st Cross Street, Pallavan Nagar, Thirumullavoyal Village, Ambattur Taluk, Tiruvallur District. CMD approved

2. The petitioner has made a representation dated 05.12.2023 to the first respondent, seeking to remove the encroachment in the property in question. So far the said representation has not been consider and no action has been taken. Hence, he filed the present writ petition for a direction to the first respondent to consider the said representation and to remove all the illegal encroachments in the approved layout by CMDA occupying the public road in Survey No.651, 1st Cross Street, Pallavan Nagar, 3/5

Thirumullavoyal Village, Ambattur Taluk, Tiruvallur District.

3. Considering the limited scope of prayer as sought for by the petitioner, without expressing any opinion on the merits of the case, we direct the first respondent/Commissioner to consider the representation dated 05.12.2023 of the petitioner and take necessary action for removal of the encroachments in the property in question, after providing opportunity to the aggrieved persons. The said exercise shall be completed, within a period of twelve weeks from the date of receipt of a copy of this order.

4. With the above directions, the writ petition stands disposed of. There shall be no order as to costs.

(D.K.K., ACJ.) (P.B.B., J.) 02.09.2024 Index : Yes/No mrn 4/5

THE HON'BLE ACTING CHIEF JUSTICE and P.B. BALAJI, J.

(mrn) 02.09.2024 5/5