Medavakkam Main Road Residence v. The Commission

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.09.2024 CORAM :

THE HON'BLE MR.D.KRISHNAKUMAR, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.B.BALAJI M/s.Medavakkam Main Road Residence Welfare Association, rep. by President R.Baskar, No.130, Medavakkam Main Road, Adambakkam, Chennai-600 088.

.. Petitioner Vs 1.The Commissioner, Greater Chennai Corporation, Ripon Buildings, Park Town, Chennai-600 003.

2.The Regional Deputy Commissioner (South), Adyar Zone, Greater Chennai Corporation, Alandur, Chennai.

3.The Executive Engineer/Assistant Commissioner, Zone-12, 161-Ward, Greater Chennai Corporation, Adyar, Chennai.

4.Jeevan Nagar Welfare Association, Plot No.70AB, Jeevan Nagar, First Street, Adambakkam, Chennai-600 088.

.. Respondents

Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 1 to 3 to remove the encroachments made by the fourth respondent on the public road situated at Plot No.70AB, Jeevan Nagar 1st street, Adambakkam, Chennai-600 088 by demolishing the illegal/ unauthorised constructions building built without any sanctioned plan by the fourth respondent at Plot No.70AB, Jeevan Nagar 1st Street, Adambakkam, Chennai-600 088.

For the Petitioner : Mr.K.V.Sanjeevkumar For Respondents : Mrs.S.Vanitha Joice Rani for respondents 1 to 3

ORDER

(Order of the Court was made by the Hon'ble Acting Chief Justice) Alleging that the fourth respondent has encroached on the public road situated at Plot No.70AB, Jeevan Nagar 1st street, Adambakkam, Chennai-600 088 and put up an unauthorised construction, the petitioner sent a representation on 11.10.2023 to the respondent authorities. 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 expressing any opinion on the merits of the matter, the writ petition is disposed of with a direction to the third respondent to consider the representation of the petitioner dated 11.10.2023 and pass appropriate orders, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order, of course after affording an opportunity to all the interested persons, including the fourth respondent. There shall be no order as to costs. (D.K.K., ACJ.) (P.B.B, J.) 04.09.2024 Index :

Yes/No NC :

Yes/No sasi To:

1.The Commissioner, Greater Chennai Corporation, Ripon Buildings, Park Town, Chennai-600 003.

2.The Regional Deputy Commissioner (South), Adyar Zone, Greater Chennai Corporation, Alandur, Chennai.

3.The Executive Engineer/Assistant Commissioner, Zone-12, 161-Ward, Greater Chennai Corporation, Adyar, Chennai.

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

(sasi) 04.09.2024