Mrs.Anita Chitnis v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.08.2016

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G. RAMESH and THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN Writ Petition No.26990 of 2016 and WMP.No.23194 of 2016 ---- Mrs.Anita Chitnis rep. by Power Agent Mrs.Cynthia Dulipsingh No.7, 15th Avenue Harrington Road Chetpet, Chennai 600 031

...Petitioner

Vs.

1 The District Collector Office of the District Collector No.3, Collectors Office Road Kanchipuram, Kanchipuram District 2 The Tahsildar Padappai, Office of the Tahsildar Padappai 601 301 Kanchipuram District 3 The President Padappai Panchayat Union No.1/187 Anna Nagar I Street Padappai 601 301 4 The Inspector of Police Manimangalam Police Station Kancheepuram District 5 Ms.R.Bhuvana Kumar

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents I to IV to remove the encroachment on the public road and the illegal construction erected in front of the petitioner's property comprised in Survey No.548/3A, David Nagar, Padappai and maintain the road as a road by taking it over from the Davidar Trust. For Petitioner : Mr.M.K.Kabir, Senior Counsel for Mr.T.Jayaraman For Respondents : Mrs.A.Sri Jayanthi Special Government Pleader for R1 to R4

O R D E R

(Order of the Court was made by HULUVADI G. RAMESH,J.) Heard Mr.M.K.Kabir, learned Senior Counsel for the petitioner and Mrs.A.Srijayanthi, learned Special Government Pleader, accepting notice for respondents 1 to 4.

2. In the affidavit filed in support of the Writ Petition, it is stated that the petitioner is in absolute possession and enjoyment of the property mentioned above and as per the plan annexed to the Sale Deed, the property abuts a 40 ft., wide public road on the eastern side and 20' road on the northern side which is being used by the general

public as a public road. It is further averred that the members of the David Nagar Trust seem to have sold a portion of the said private road measuring an extent of 1526 sq.ft., to one John Joseph by way of a registered Deed of Sale dated 13.08.2010 and as such the petitioner's property is blocking from its access. According to the petitioner, despite several representations and complaints preferred to respondents 1 to 4, no steps have been taken to maintain the public road. Hence, the petitioner is before this court seeking direction to respondents 1 to 4 to remove the encroachment on the public road.

3. After going through the averments made in the writ petitioner, we hereby direct the 2nd respondent to take appropriate action after issuing notice to the 5th respondent and after examining the relevant records and conducting survey. If the authority finds there is encroachment, the said encroachment is directed to be removed after following the due process of law, within two months from the date of receipt of a copy of this order. All the contentions are left open to both parties viz., the petitioner and the 5th respondent to agitate before the authorities concerned.

HULUVADI G. RAMESH,J.

and M.V.MURALIDARAN,J.

nvsri

4. With the above direction, the Writ Petition is disposed of. No costs. Consequently, connected WMP is closed. (H.G.R., J.) (M.V.M., J.) 03.08.2016 nvsri To 1 The District Collector Office of the District Collector No.3, Collectors Office Road Kanchipuram , Kanchipuram District 2 The Tahsildar Padappai, Office of the Tahsildar Padappai 601 301 Kanchipuram District 3 The President, Padappai Panchayat Union No.1/187 Anna Nagar I Street Padappai 601 301 4 The Inspector of Police Manimangalam Police Station Kancheepuram District W.P.No.26990 of 2016