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Madras High CourtWP/31974/2023disposed of

S.Mohan Raj v. The Member Secretary

2024-03-21Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.03.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY S.Mohan Raj ..

Petitioner Vs.

1. The Member Secretary CMDA, Egmore Chennai 8.

2. The Commissioner Greater Chennai Corporation Ribbon Building Chennai.

3. The Deputy Commissioner Greater Chennai Corporation Division No.7, Zonal Office - VII Ambattur, Chennai 58.

4. G.R.Varalakshmi

5. Saroja

6. Manimaran ..

Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents 1 to 3 to take appropriate action against the respondents 4 to 6 for removing encroachment made by them in 10 feet front portion of their building situated in Door No.80/4-14/4, Old S.No.556/2, T.S.No.46, Block No.18, Ward - H, Mogappair west, Chennai.

For the Petitioner : Mrs.R.Hemalatha For the Respondents : Mr.R.Thamaraiselvan Standing Counsel for Respondent-1 Mr.A.Arun Babu Standing Counsel for Respondents 2 & 3 Not ready in notice for Respondents 4 & 5 No appearance for Respondent-6

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mrs.R.Hemalatha, learned counsel for the petitioner, Mr.R.Thamaraiselvan, learned Standing Counsel for the first respondent and Mr.A.Arun Babu, learned Standing Counsel for the

respondents 2 and 3.

2. The petitioner alleges encroachment in his building by the respondents 4 to 6.

3. Learned counsel for the second respondent submits that survey would be conducted within four months. Depending upon the report of survey, further steps would be undertaken.

4. In view of the above statement, the writ petition is disposed of. There shall be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 21.03.2024 Index :

Yes/No :

Yes/No kpl

To

1. The Member Secretary CMDA, Egmore Chennai 8.

2. The Commissioner Greater Chennai Corporation Ribbon Building Chennai.

3. The Deputy Commissioner Greater Chennai Corporation Division No.7, Zonal Office - VII Ambattur, Chennai 58.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J (kpl) 21.03.2024