Ramanan.N v. The Greater Chennai Corporation

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.09.2024 CORAM :

THE HON'BLE MR.D.KRISHNAKUMAR, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.B.BALAJI Ramanan .N .. Petitioner Vs 1.The Greater Chennai Corporation, rep. by its Commissioner, Chennai.

2.The District Collector, Singaravelar Maligai, Rajaji Sali, Chennai-01.

3.The Tahsildhar, Thiruvottiyur, Chennai-19.

4.The Zonal Officer Zone - 1, The Greater Chennai Corporation, Thiruvottiyur, Chennai-19.

5.Rahit Kumar Goel, Proprietor of Ananya Steel, having office at No.131/1A, Manali High Road, Chennai-57.

.. Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 1 to 4

to remove the compound wall and the iron gate erected by the fifth respondent in 20 feet road situated at Block 01, Ward C, Town Survey No.6/15 (old Survey No.129/4), Eranavur Village, Chennai and consequently direct respondents 1 to 4 to maintain this 20 feet public road and allow the public to use the same as a public road. For the Petitioner : Ms.Selvi George For Respondents : Mr.G.T.Subramanian Standing Counsel for respondents 1 and 4 : Mr.M.Habeeb Rahman Government Advocate for respondents 2 and 3

ORDER

(Order of the Court was made by the Hon'ble Acting Chief Justice) Alleging that the fifth respondent has constructed a compound wall and erected an iron gate on 20-feet road situated at Block 01, Ward C, Town Survey No.6/15 (old Survey No.129/4), Eranavur Village, Chennai, which is a public road, the petitioner sent a representation on 6.11.2023 to the respondent authorities to remove the encroachment. As the said representation did not evoke any response, the present writ petition is filed.

2. Considering the narrow scope of the prayer made in the writ petition, without going into the merits of the matter, we direct respondents 1 to 4 to consider the representation of the petitioner dated 6.11.2023 and pass appropriate orders, on merits and in accordance with law, of course after affording an opportunity to all the interested persons, including the fifth respondent. The entire exercise shall be concluded within a period of twelve weeks from the date of receipt of a copy of this order.

The writ petition is disposed of accordingly. There shall be no order as to costs.

(D.K.K., ACJ.) (P.B.B, J.) 02.09.2024 Index :

Yes/No NC :

Yes/No sasi

To:

1.The Commissioner, Greater Chennai Corporation, Chennai.

2.The District Collector, Singaravelar Maligai, Rajaji Sali, Chennai-01.

3.The Tahsildhar, Thiruvottiyur, Chennai-19.

4.The Zonal Officer Zone - 1, The Greater Chennai Corporation, Thiruvottiyur, Chennai-19.

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

(sasi) 02.09.2024