Frederick Thomas v. The Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.02.2024

CORAM:

THE HONOURABLE MR. JUSTICE S. VAIDYANATHAN and THE HONOURABLE MR. JUSTICE K.RAJASEKAR Frederick Thomas Petitioner v The Collector Chennai District Rajaji Salai Chennai 600 001 The Commissioner of Police Greater Chennai Vepery Chennai 600 007 The Commissioner Chennai Corporation Greater Chennai Rippon Building Chennai 600 002 The Zonal Officer Zone - I, Chennai Corporation Thiruvottiyur Chennai 600 019 Govindarajan Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the second respondent to provide adequate police protection to the third and fourth respondents and their officials in getting back possession of the land and remove the encroachment made by the 1/4

fifth respondent on the public street of Poongavanapuram Main Road, Kaladipet, Thiruvottiyur, Chennai 600 018.

For petitioner Mr. R. Jaganathan For RR 1 & 2 Mr. A. Selvendran Special Government Pleader For RR 3 & 4 Mr. E.C. Ramesh Standing Counsel

ORDER

(made by S. VAIDYANATHAN, J.) According to the petitioner, who is a septuagenarian, his house is abutting Poongavanapuram Main Road, Kaladipet, Thiruvottiyur, Chennai 600 019, which is a public street; in the said street, the fifth respondent, who is a Member in the AIADMK party, has put up a pucca cement shed called MGR Mandram, besides installing a large pedestal for mounting flag mast, thereby curtailing the free ingress and egress of the petitioner and the general public, to Poongavanapuram Main Road; hence, he addressed representations to the authorities concerned, but to no avail; ergo, this writ petition seeking a direction to the second respondent to give adequate police protection to the third and fourth respondents for removal of the said encroachment made by the fifth respondent.

Since the issue involved in this writ petition lies in a very narrow compass, we direct the official respondents to conduct an enquiry in regard to the alleged encroachment made by the fifth respondent in Poongavanapuram Main Road, Kaladipet, Thiruvottiyur, Chennai 600 019 and take action in 2/4

accordance with law, within a period of three months from the date of receipt of a copy of this order, of course, after providing an opportunity of hearing to all concerned, more so, the petitioner and the fifth respondent. Needless to state, the petitioner and the fifth respondent shall partake in the enquiry to be conducted by the authorities and extend their fullest cooperation. With the above direction and observation, this writ petition stands disposed of. Costs made easy.

(S.V.N., J.) (K.R.S., J.) 01.02.2024 cad 3/4

S. VAIDYANATHAN, J.

and K. RAJASEKAR., J.

cad To The Collector Chennai District Rajaji Salai Chennai 600 001 The Commissioner of Police Greater Chennai Vepery Chennai 600 007 The Commissioner Chennai Corporation Greater Chennai Rippon Building Chennai 600 002 The Zonal Officer Zone - I, Chennai Corporation Thiruvottiyur Chennai 600 019 01.02.2024 4/4