V.N.R. Homes Private Ltd., v. The Corporation Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.08.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU V.N.R.Homes Private Ltd.
Rep. by its Manager K.Baskaran S/o. Kanniyan No.11/32, Lakhsmi Talkies Road Shenoy Nagar Chennai 600 030.
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Petitioner Vs.
1. The Corporation Commissioner Greater Chennai Corporation Rippon Building, Chennai.
2. The Tahsildar Poonthamalli Taluk Tiruvallur District.
3. The Block Development Officer Villivakkam Panchayath Union Villivakkam.
4. The Executive Engineer/President Adayalampattu Panchayath Villivakkam Union, Chennai.
5. The President Sky City Owners Association Adayalampattu Village, Vanagaram Ambattur Road, Maduravoyal Chennai.
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Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents 1 to 4 to remove the encroachment made by the fifth private respondent and the construction made the public road comprised in survey No.92/2c and 93/2c situated at Adayalampattu Village, Villivakkam Panchayath union, Chennai based on my representation dated 18.07.2023. For the Petitioner : Mr.C.Prabakaran For the Respondents : Mr.N.R.Ramesh Kanna for Respondent-1 Mr.P.Muthukumar State Government Pleader Assisted by Mrs.R.Anitha Special Government Pleader for Respondents 2 & 3
ORDER
(Made by the Hon'ble Chief Justice) We have heard Mr.C.Prabakaran, learned counsel for the petitioner, Mr.N.R.Ramesh Kanna, learned counsel for the first
respondent and Mr.P.Muthukumar, learned State Government Pleader, assisted by Mrs.R.Anitha, learned Special Government Pleader for the respondents 2 and 3.
2. Learned counsel for the petitioner submits that in a layout, a road has been handed over to the Panchayat Union under Gift Deed dated 20.03.2007. However, now, the fifth respondent has blocked the said road.
3. The representation has been given by the petitioner only on 18.07.2023 and immediately, the writ petition is filed on 26.07.2023, within a period of eight days. A reasonable time has to be given to the authorities to consider the representation. This Court would not direct the authorities to decide the representation in such matters.
4. In case the cognizance of the representation is not taken by the authorities within a reasonable time, then, the petitioner may move the Court. The petitioner may prosecute its representation with the authority.
5. With these observations, the writ petition is disposed of. There will be no order as to costs.
(S.V.G., CJ.) (P.D.A., J.) 04.08.2023 Index :
Yes/No :
Yes/No kpl To
1. The Corporation Commissioner Greater Chennai Corporation Rippon Building, Chennai.
2. The Tahsildar Poonthamalli Taluk Tiruvallur District.
3. The Block Development Officer Villivakkam Panchayath Union Villivakkam.
4. The Executive Engineer/President Adayalampattu Panchayath Villivakkam Union, Chennai.
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.
(kpl) 04.08.2023