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Madras High CourtWP/23836/2017dismissed

Dr.B.R.Shanker, S/O.Rajaiah, v. The District Revenue Officer,

2018-10-05Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Special Original Jurisdiction ) Tuesday, the Fourth day of September Two Thousand Eighteen PRESENT THE HON`BLE MR JUSTICE V.BHARATHIDASAN WP No.23836 of 2017 DR.B.R.SHANKER [ PETITIONER ] Vs 1 THE DISTRICT REVENUE OFFICER, [ RESPONDENTS ] ZONAL OFFICER, ZONE-VI, GREATER CHENNAI CORPORATION, NO.5, ANDERSON STREET, AYANAVARAM, CHENNAI-23 2 THE EXECUTIVE ENGINEER ZONE-VI, GREATER CHENNAI CORPORATION, AYYANAVARAM, CHENNAI-23 3 MR.JAGANATHAN,S/O.C.V.

4 MR.S.SWAMINATHAN, 5 MR.S.VAIDHYANATHAN 6 MR.P.VENKATESAN, 7 MRS.P.BHARATHI 8 MRS.V.JAYALAKSHMI, R3 TO 8 ARE IMPLD.AS PER ORDER DT.25.7.18 BY MKKSJ IN WMP.12328/18 IN WP.23826/17 Writ Petitions under Article 226 of the Constitution of India praying that in these circumstances stated therein and in the respective affidavits filed therewith the High Court will be pleased to issue a Writ of CERTIORARI or any other appropriate Writ or Order or Direction in the nature of a Writ, calling for records relating to the order of the first respondent made in Z.O.VI.C. No.8353/ 2017 dated 24.08.2017, to quash the same (in WP.No.23836/17) Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.L.CHANDRAKUMAR, Advocate for the

petitioner and of M/S.K.SUNDARARAJAN Advocate for 1 & 2 respondents and M/S.M.F.SHABANA Advocate for 3 to 8 respondents the court made the following order:- It is submitted that the disputed road comprised in T.S.No.152 situate at, Jayanthi Nagar, Kolathur, Chennai, is classified as 'Road'. It is further submitted that the disputed road starts at Teachers' Colony and ends at Jayanthi Nagar I Cross Street.

2. Now, the allegation is that the petitioner has made obstruction on the road thereby blocked further access on the road to approach Jayanthi Nagar I Cross Street by putting up construction at Plot No.158.

3. The learned standing counsel appearing for the respondent corporation submitted that the entire stretch of the land starting from Teachers' Colony and ending with Jayanthi Nagar I Cross Street has been classified as 'Road' and the road which is passing through T.S.No.152 and leading to Teachers' Colony, is not in existence.

4. In the light of the above situation, the concerned Official of the respondent Corporation is directed to inspect the disputed road and demarcate the road with the assistance of The Tahsildar, Ayanavaram and Taluk Surveyor, Ayanavaram and submit a detailed report in this regard. The Tahsildar, Ayanavaram and Taluk Surveyor, Ayanavaram, are directed to extend their assistance to the officials of the Corporation to carryout the directions of this court.

Post this matter on 17.09.2018 for report by the corporation and for disposal.

-sd/- 04/09/2018 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE DISTRICT REVENUE OFFICER, ZONAL OFFICER, ZONE-VI, GREATER CHENNAI CORPORATION, NO.5, ANDERSON STREET, AYANAVARAM, CHENNAI-23

2 THE EXECUTIVE ENGINEER ZONE-VI, GREATER CHENNAI CORPORATION, AYYANAVARAM, CHENNAI-23.

3 THE TAHSILDAR, AYANAVARM.

4 THE TALUK SURVEYOR, AYANAVARAM.

C.C. to M/S.L.CHANDRAKUMAR Advocate on payment of necessary charges The Government Advocate, High Court, Madras - 104. Order in WP.23836/2017 Date :04/09/2018 From 26.2.2001 the Registry is issuing certified Copies of the Interim Orders in this format SDR 05.09.2018