St.Francis Xavier A.I.Higher Secondary School v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.09.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU St. Francis Xavier A.I.Higher Secondary School, Rep. by its Headmistress, Sister Verginia Arockia Mary.A, No.209, Broadway, Chennai-108.

... Petitioner -vs1. The District Collector, No.62, Beach Road, George Town, Chennai-1.

2. The Commissioner, Greater Chennai Corporation, Ripon Building, No.53, Raja Muthiah Road, Kannappar Thidal, Periyamet, Chennai-3.

3. The Executive Engineer, Zone-5, Greater Chennai Corporation, No.61, Basin Bridge Road, Chennai-21.

4. N.Lilly Amma

5. M.Vijaya

6. D.Kalaivani

7. B.Rosilenmary

8. S.Luncy

9. G.Selvi 10.A.Sagayamary 11.S.Lakshmi Priya 12.Srikanth ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents No.1 to 3 to consider the petitioner school representations dated 31.01.2022, 03.02.2022 and 23.09.2022 and consequently direct the respondents No.1 to 3 herein to remove the encroachers namely Respondents 4 to 12 in the Petitioner School Pathway (i.e.) Asirvathapuram, 11th Street, in the light of the Petitioner School aforementioned representations within a time frame as may be fixed by this Court. For the Petitioner :

Mr.Meiyappan Mohan For the Respondents :

Mrs.R.Anitha, Special Government Pleader, for R-1 :

Mr.A.Arunbabu for RR 2 and 3 :

No appearance for RR 4, 7, 9 to 11 :

Not ready in notice reg. RR 5, 6, 8 and 12 * * * * *

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.Meiyappan Mohan, learned counsel for the petitioner, Mrs.R.Anitha, learned Special Government Pleader, for

respondent No.1 and Mr.A.Arunbabu, learned counsel for respondent Nos.2 and 3.

2. The learned counsel for the respondents/Corporation submits that fresh notices to the encroachers would be issued by the Corporation under Section 128(1)(b) of the Tamil Nadu Urban Local Bodies Act, 1998 and steps would be taken against the encroachers. In view of the said statement, the writ petition is disposed of. There will be no order as to costs.

(S.V.G., CJ.) (P.D.A., J.) 19.09.2023 Index : Yes/No : Yes/No sra

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(sra) To

1. The District Collector, No.62, Beach Road, George Town, Chennai-1.

2. The Commissioner, Greater Chennai Corporation, Ripon Building, No.53, Raja Muthiah Road, Kannappar Thidal, Periyamet, Chennai-3.

3. The Executive Engineer, Zone-5, Greater Chennai Corporation, No.61, Basin Bridge Road, Chennai-21.

19.09.2023