M/S.Secretariat Colony v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.10.2016
CORAM
The HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE R.MAHADEVAN W.P.No.36873 of 2016 Secretariat Colony Residents Welfare Association rep. by its President, L.Venkatakrishnan having office at No.124-B, 4th Street Secretariat Colony, Kilpauk Chennai - 600 010.
.. Petitioner Vs
1. The Commissioner Corporation of Chennai Ripon Buildings, Chennai - 600 003.
2. The Regional Deputy Commissioner-Central Corporation of Chennai Chennai - 600 003.
3. The Assistant Commissioner/Zonal Officer Zone-VI/Ward 74 Corporation of Chennai Ayanavaram, Chennai - 600 023.
.. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing respondents to remove the encroachment and restore the rain water drainage near Medavakkam Tank Road - Berracah Road - Secretariat Colony Junction in Ward 74, Zone-VI, Kilpauk, Chennai.
For Petitioner : Mr.J.Bharathiraja For Respondents : Mr.V.C.Selvasekaran Mr.M.K.Subramanian Government Pleader assisted the Court.
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) The petitioner stakes to make a grievance qua the encroachments in respect of which the Divisional Revenue Officer himself has found that those encroachments have to be removed, but necessary action has not been taken on account of non availability of police force.
2. The learned Government Pleader appearing for the police authorities states that police assistance will be given as and when required.
3. We may also note that these are hardly the kind of cases which should come to the Court and there should be better coordination between the Revenue and Police authorities. Until and unless there is some grave situation on account of which for any specific dates the police force is not available, we see no reason why the police force should not be made available as and when sought by the Revenue authorities. In this behalf, the Commissioner to issue necessary orders to all the police authorities so that we are not once again faced with such situations.
4. It is for the Revenue authorities to fix the dates and for the Police authorities to make available the police force.
5. The writ petition, accordingly, stands disposed of. No costs.
We are informed that one of the encroachers has obtained an interim order in W.P.No.35525 of 2015. The said writ petition be listed on 26.10.2016.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To
1. The Commissioner Corporation of Chennai Ripon Buildings, Chennai - 600 003.
2. The Regional Deputy Commissioner-Central Corporation of Chennai Chennai - 600 003.
3. The Assistant Commissioner/Zonal Officer Zone-VI/Ward 74 Corporation of Chennai Ayanavaram, Chennai - 600 023.
4. The Commissioner of Police, Egmore, Chennai +1 CC to Government Pleader, Sr.No.60146 +2 CC to J. Bharathiraja, Advocate Sr.No.59831 W.P.No.36873 of 2016 PPA (CO) MD : 2/11/2016