Baskar Babu, v. The Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.12.2016
CORAM
THE HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.SUNDAR W.P.No.43802 of 2016 Baskar Babu Rep.by the Sister cum Power of Attorney Mrs.M.Latha ... Petitioner Vs.
1. The Commissioner Corporation of Chennai Rippon Building, Chennai - 600 003.
2. The Assistant Engineer Corporation of Chennai Zonal Office, No.123 Arcot Road, Valasaravakkam Chennai - 600 087.
3. The Tahsildar Koyambedu Taluk Chennai.
(R3 impleaded by order dated 21.12.2016 made in this writ petition) ... Respondents PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of Mandamus directing the respondents to take action on the petitioner's representation dated 3.10.2016 and to take action on the encroachment made in 40 Feet road situate at Varalakshmi Nagar 3rd Street (DDTP vide LPDM. 82/73), Maduravoyal, Chennai - 600 095, in accordance with law. For Petitioner : Mr.P.Vasanth For Respondents : Mr.V.C.Selvasekaran Standing Counsel for respondents 1 and 2 Mr.M.K.Subramanian Government Pleader for 3rd respondent
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) On request of learned counsel for the respondents, the Tahsildar, Koyambedu, is impleaded as the third respondent. Memo of parties be amended accordingly.
2. The petitioner is the owner of Plot No.19, comprised in S.Nos.127/1, 127/2 Part, 127/4 Part, 127/7 and 128/1 situate at Varalakshmi Nagar 3rd Street, Varalakshmi Nagar, Maduravoyal Village, Ambattur Taluk, Chennai - 600 095 and the layout is approved. The grievance of the petitioner is that as per the approved plan on the southern side of his plot there is a 40 Feet wide road shown, but now that road has been encroached and construction has been made as per the photographs filed along with the typed set.
3. In view of the aforesaid position, the third respondent is directed to carry out an inspection of the site and demarcate the area within fifteen days of the receipt of the order and thereafter, if any unauthorized construction is found, action will be taken by the first two respondents in accordance with law after notice to all concerned within a maximum period of two months thereafter.
The petition, accordingly, stands disposed of. No costs. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar sasi To:
1. The Commissioner Corporation of Chennai Rippon Building Chennai - 600 003.
2. The Assistant Engineer Corporation of Chennai Zonal Office, No.123 Arcot Road, Valasaravakkam Chennai - 600 087.
3. The Tahsildar Koyambedu Taluk Chennai.
+1cc to Mr.P.Vasanth, Advocate, S.R.No.74367 W.P.No.43802 of 2016 RSY(CO) CA(23/12/2016)