Aja Mohamed.A v. The Commissioner
cIN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18.12.2023
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Aja Mohamed A.
.. Petitioner -vs1. The Commissioner, Municipal Administration and Water Supply Department, Ezhilagam, Chennai 600 005.
2. The Commissioner, Ripon Building, No.53, Raja Muthiah Road, Kannappar Thidal, Periyamet, Chennai 600 003.
3. The District Collector, Office of the District Collector, Rajaji Salai, Chennai 600 001.
4. The Director General,
5. The Chief Engineer (SH 55),
6. The Zonal Officer, Zone-XI, Greater Chennai Corporation, No.123, Arcot Road, Valasaravakkam, Chennai 600 087.
7. The Assistant Engineer, Zone XI, Ward-150, Karambakkam, Chennai 600 116.
8. The Executive Officer, Vanagaram Panchayat, Vanagaram, Chennai 600 095.
9. State rep. by The Inspector of Police, R9 Valasaravakkam Police Station, Valasaravakkam, Chennai 600 087.
10.State rep. by The Inspector of Police, R9 Valasaravakkam Police Station, Valasaravakkam, Chennai 600 087.
11.A.Saraswathi 12.K.Ganapathi 13.K.Elangani 14.V.Manjula .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 to 10 to take necessary steps to remove the encroachment made by respondents 11 to 14 and other encroachers made on the public road
namely Samayapuram Nagar Main Road and New Colony 1st Main Road and Mount-Poonamallee Road opposite to Porur Lake Shiva Temple by considering the Petitioner's representation dated 21.08.2023 and enable the public freely to access the said road namely Samayapuram Nagar main road and New Colony 1st Main Road and Mount-Poonamallee Road opposite to Porur lake Shiva Temple. For the Petitioner :
Mr.V.R.Appaswamee For the Respondents :
Mr.P.Muthukumar State Govt. Pleader for RR 1, 3 to 5, 8 to 10 :
Mr.DBR.Prabhu for RR 2, 6 and 7 :
M/s.N.S.Tanvi for M/s.D.Nagasaila for RR 11 to 14 * * * * *
ORDER
(Made by the Hon'ble Chief Justice) We have heard Mr.V.R.Appaswamee, learned counsel for the petitioner, Mr.P.Muthukumar, learned State Government Pleader, for respondent Nos.1, 3 to 5 and 8 to 10, Mr.DBR.Prabhu, learned counsel for respondent Nos.2, 6 and 7, M/s.N.S.Tanvi, learned counsel for respondent Nos.11 to 14.
2. The learned counsel for the petitioner submits that the hawkers and the street vendors are occupying the pathway and the roads making it difficult for the commuters. The commuters are not in a position to use the road.
3. The learned counsel for the Corporation submits that hawkers' zone has not yet been notified.
4. It is the bounden duty of the Corporation to notify the hawkers' zone. The Corporation may regulate the hawkers/street vendors in a better way on the subject road so that the general public and the commuters are not put to inconvenience. With this observation, the writ petition is disposed of. There will be no order as to costs.
(S.V.G., CJ.) (D.B.C., J.) 18.12.2023 Index : Yes/No : Yes/No sra
To
1. The Commissioner, Municipal Administration and Water Supply Department, Ezhilagam, Chennai 600 005.
2. The Commissioner, Ripon Building, No.53, Raja Muthiah Road, Kannappar Thidal, Periyamet, Chennai 600 003.
3. The District Collector, Office of the District Collector, Rajaji Salai, Chennai 600 001.
4. The Director General,
5. The Chief Engineer (SH 55),
6. The Zonal Officer, Zone-XI, Greater Chennai Corporation, No.123, Arcot Road, Valasaravakkam, Chennai 600 087.
7. The Assistant Engineer, Zone XI, Ward-150, Karambakkam, Chennai 600 116.
8. The Executive Officer, Vanagaram Panchayat, Vanagaram, Chennai 600 095.
9. The Inspector of Police, R9 Valasaravakkam Police Station, Valasaravakkam, Chennai 600 087.
10.The Inspector of Police, R9 Valasaravakkam Police Station, Valasaravakkam, Chennai 600 087.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(sra) 18.12.2023