B.Hariprasad v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.10.2024 CORAM :

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY B.Hariprasad ..

Petitioner Vs.

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

2. The Zonal Officer / The Assistant Commissioner Zone - XII Greater Chennai Corporation Alandur, Chennai 600 016.

3. The Tahsildar Taluk Office Alandur Taluk Alandur, Chennai 600 016.

4. D.Renuka Devi ..

Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of Mandamus directing the respondents 1 to 3 herein to remove the encroachments in Survey No.100, Old Survey No.37/2A2,

Brindavan Nagar Main Road, Palavanthangal Village, Alandur Taluk, Chennai 600 114 and form the road, originating from Bharathiar 2nd Street in the North till Vembuliamman Koil Street in the South and maintain the same as a 24" feet wide public road, as per the layout approval No.Ma.Pa.Maa.Na/Na.Oo.Thu.E.No.124/75 - Ka.No.2256/75 and B.A./B.No.4184/75 free from any further encroachments in view of the petitioner's representation dated 31.08.2024. For Petitioner :

Ms.Karthikaa Ashok For Respondents :

Mrs.V.M.Sushma Priya For M/s. S.Vanitha Joice Rani for Respondents 1 & 2 Mr.M.Habeeb Rahman Government Advocate for Respondent-3

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Petition relates to three alleged encroachments.

2. Counsel appearing for respondents 1 and 2 states that the encroachment by respondent No.4 Renuka Devi has been removed in 2023 itself. As regards other two encroachments, counsel states that they shall have them removed by following due process.

3. In view of the statement made by Ms.Sushma Priya, petition is disposed of.

4. As regards laying of road, petitioner may approach the authorities who shall take steps in accordance with law.

5. A copy of this order be sent to petitioner in W.P.No.13143 of 2024. Counsel for petitioner states that a copy of this order will be served by petitioner upon petitioner in W.P.No.13143 of 2024 within two days of this order being uploaded.

6. There shall be no order as to costs.

(K.R.SHRIRAM, CJ) (SENTHILKUMAR RAMAMOORTHY,J.) 24.10.2024 Index :

Yes/No :

Yes/No kpl

To

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

2. The Zonal Officer / The Assistant Commissioner Zone - XII Greater Chennai Corporation Alandur, Chennai 600 016.

3. The Tahsildar Taluk Office Alandur Taluk Alandur, Chennai 600 016.

THE HON'BLE CHIEF JUSTICE AND SENTHILKUMAR RAMAMOORTHY,J.

(kpl) 24.10.2024