Madras High CourtWP/16694/2017disposed of

St. Thomas Mount People v. Union Of India,

2019-07-17Honourable The Chief Justice,Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.07.2019

CORAM

THE HON'BLE MRS.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.16694 of 2017 St. Thomas Mount People Welfare Association Rep. by its Secretary, E.Sathiskumar 60/1, Mettu Street, Butt Road St.Thomas Mount Chennai - 600 016.

.. Petitioner Vs 1 The Union of India Rep. by Defence Secretary Ministry of Defence Government of India South Block New Delhi.

2 The Director General of Defence Estates RakshaSampada Bhawan Ulaanbaatar Marg Delhi Cantonment - 10.

3 The Chief Executive Officer/President O/o. Cantonment Board St. Thomas Mount Cum Pallavaram Chennai - 600 016.

4 Shankar 5 Babu 6 Ganesh 7 M.S.D.Thenraja Vice President, Cantonment Board No.100, Butt Road Opp. to Cantonment Kalyanamandapam St. Thomas Mount-Cum-Pallavaram Chennai

8 J.Gunasekar III Ward Councilor Cantonment Board St. Thomas Mount-Cum-Pallavaram No.3/32 Mettu Street St. Thomas Mount Chennai - 16.

.. Respondents PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 1 to 3 to remove the encroachment made by respondents 4 to 6 in Cantonment Land in R.S.No.1773 of St. Thomas Mount Chennai Meant for public purpose by considering petitioner's representation dated 30.07.2016 For Petitioner : Mr.R.Prabakar For Respondents : Respondents 1 and 2 Not ready in notice Mr.C.Mohan for M/s.King and Patridge for 3rd respondent Mr.K.Sudhakar for 4th respondent Mr.T.S.Vijayaraghavan for respondents 5 and 6

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Heard Mr.R.Prabakar, learned counsel for the petitioner; Mr.C.Mohan, learned counsel for the third respondent; Mr.K.Sudhakar, learned counsel for the fourth respondent and Mr.T.S.Vijayaraghavan, learned counsel for respondents 5 and 6.

2. The case of the petitioner is that respondents 4 to 6 have encroached on cantonment land in R.S.No.1773 of St. Thomas Mount Chennai, which is meant for public purpose. The petitioner has prayed that the said encroachment and unauthorised construction be removed.

3. The learned counsel for the third respondent, i.e., the Chief Executive Officer, Cantonment Board, has filed a counter affidavit, wherein it is stated that in relation to the encroachment and unauthorized construction, action has been initiated and notice has been issued on 5.4.2018 to respondents 4 and 6. In the said counter affidavit, it is further stated that thereafter the unauthorized construction put up by respondents 4 and 6 has been removed.

4. In view of the above, no further orders are necessary at this stage. The writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar sasi To:

1 The Defence Secretary Union of India Ministry of Defence Government of India South Block New Delhi.

2 The Director General of Defence Estates RakshaSampada Bhawan Ulaanbaatar Marg Delhi Cantonment - 10.

3 The Chief Executive Officer/President O/o. Cantonment Board St. Thomas Mount Cum Pallavaram Chennai - 600 016.

+1cc to Mr.R.Prabakar, Advocate, S.R.No.60938 +1cc to Mr.K.Sudhakar, Advocate, S.R.No.60944 +1cc to M/s.King & Partridge, Advocate, S.R.No.60827 W.P.No.16694 of 2017 CP(CO) RRS(06/08/2019)