O.Ashok v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.11.2022 CORAM :
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR AND THE HON'BLE MRS. JUSTICE T.V.THAMILSELVI O.Ashok .. Petitioner Vs 1.The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai-600 003.
2.The Assistant Revenue Officer, Zone-13, No.115, Dr.Muthulakshmi Salai, Adyar, Chennai - 600 020.
3.The Deputy Commissioner of Police, Mylapore Division, Mylapore, Chennai-600 004.
4.The State, rep. by the Inspector of Police, Law and Order, E-5, Foreshore Estate Police Station, Chennai-600 028.
.. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to remove the encroachment in the form of Bunk Shop found opposite to TVH Tower, Chaitanya (Ficus Grove) Apartments, No.72, Janaki Avenue, MRC Nagar, Main Road, R.A. Puram, Chennai-600 028, Ward-173, Zone-13 in accordance with law. For the Petitioner : Mr.G.Peranban For the Respondents : Mr.A.Arun Babu Standing Counsel for respondent 1 and 2 : Mrs.R.Anitha Spl. Government Pleader for respondent 3 and 4
ORDER
(Order of the court was made by D.KRISHNAKUMAR,J.) The petitioner has filed this writ petition seeking issuance of a writ of mandamus directing the respondents to remove the encroachment in the form of bunk shop found opposite to TVH Tower, Chaitanya (Ficus Grove) Apartments, No.72, Janaki Avenue, MRC Nagar, Main Road, R.A. Puram, Chennai-600 028, Ward-173, Zone-13 in accordance with law.
2. When the writ petition was taken up on 3.11.2022, learned Standing Counsel for the Corporation submitted that the encroachment in the form of bunk shop has been removed. However, learned counsel for the petitioner seriously disputed the said statement. Therefore, this court directed the Deputy Commissioner, Adyar Region, Chennai Corporation, to inspect the land in question and file a report before this court.
3. When the matter was taken up today, the Assistant Engineer, Division 173, Greater Chennai Corporation, has filed a report to the effect that the encroachment in the form of bunk shop was removed on 28.10.2022 and, as on date, there is no encroachment. However, according to learned counsel for the petitioner, still the bunk shop has not been removed, but only closed, with some boxes still lying in the land in question.
4. Learned Standing Counsel for the Corporation submitted that the bunk shops are removed except the boxes and the same
would also be removed within a period of one week with the assistance of the Police personnel.
5. Recording the aforesaid statement made by learned Standing Counsel for the Corporation, the writ petition is disposed of. If the grievance of the petitioner is not redressed within the stipulated time as undertaken by learned Standing Counsel for the Corporation, he is at liberty to approach this court for further orders. There will be no order as to costs.
(D.K.K., J.) (T.V.T.S., J.) 04.11.2022 Index : No sasi
To:
1.The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai-600 003.
2.The Assistant Revenue Officer, Zone-13, No.115, Dr.Muthulakshmi Salai, Adyar, Chennai - 600 020.
3.The Deputy Commissioner of Police, Mylapore Division, Mylapore, Chennai-600 004.
4.The Inspector of Police, Law and Order, E-5, Foreshore Estate Police Station, Chennai-600 028.
D.KRISHNAKUMAR,J.
AND T.V.THAMILSELVI,J.
(sasi) 04.11.2022