K.V.Boopathi v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.12.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and WMP No.25987 of 2019 K.V.Bhoopathi .. Petitioner -vs1. The Commissioner, Greater Chennai Corporation, Ripon Buildings, Park Town, Chennai 600 003.

2. Be Well Hospital, (Formerly Vee Care Hospital), No.106, Jawaharlal Nehru Salai, Near Koyambedu Junction & VR Mall, Anna Nagar West, Anna Nagar, Chennai 600 040.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 1st respondent to take immediate action, stopping the construction being undertaken by the 2nd respondent in the public road connecting Pillaiyar Koil Street and Jawaharlal Nehru Salai, Thirumangalam, Chennai-41.

For the Petitioner :

Ms.M.Sandhiya for M/s.Rank Associates For the Respondents :

Mr.E.C.Ramesh for R-1 :

No appearance for R-2 * * * * *

ORDER

(Made by the Hon'ble Chief Justice) We have heard Ms.M.Sandhiya, learned counsel for the petitioner and Mr.E.C.Ramesh, learned counsel for respondent No.1.

2. The learned counsel for the petitioner submits that construction has been made by respondent No.2 on a public pathway. This Court, under order dated 09.09.2019 had passed an order of status quo to be maintained.

3. The learned counsel for respondent No.1/Corporation submits that within two weeks from today, the Corporation would initiate the process of removing the encroachment from the subject writ public pathway.

In view of the said statement, the writ petition is disposed of. There will be no order as to costs. Consequently, connected miscellaneous petition is closed.

(S.V.G., CJ.) (D.B.C., J.) 13.12.2023 Index : Yes/No : Yes/No sra To

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

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(sra) 13.12.2023