R.Sivakumar, v. The Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.09.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU R.Sivakumar ..
Petitioner Vs.
1. The Commissioner Corporation of Chennai Ripon Buildings, Park Town Chennai - 600 003.
2. The Chairman Tamil Nadu Slum Clearance Board Kamarajar Road Chepauk, Chennai - 600 005.
3. The Zonal Deputy Commissioner South Greater Chennai Corporation Ripon Buildings, Park Town Chennai - 600 003.
4. The Assistant Engineer Ward No.180, Zone - XIII Corporation of Chennai, Tiruvanmiyur Chennai - 600 041.
5. The Inspector of Police J 13, Taramani Police Station Chennai - 600 113.
6. E.Victoria ..
Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of certiorari, calling for the records pertaining to the issue of the order in proceedings bearing Va.Thu.Aa(The).Na.Ka.No.9/2002-2017 dated 25.05.2017 passed by the Zonal Deputy Commissioner South, Greater Chennai Corporation Ripon Buildings, Park Town, Chennai - 600 003, the 3rd respondent herein and quash the same.
For the Petitioner : No Appearance For the Respondents : Mr.A.Arun Babu for R1, R3 & R4 Mr.Babu Muthumeeran for R2 Mrs.R.Anitha Special Government Pleader for R5
ORDER
(Made by the Hon'ble Chief Justice) The petitioner is assailing the order dated 25.05.2017. Under the said order, a direction was given for removal of toilets. 2.1. A status report is filed on behalf of the Greater Chennai Corporation. It is submitted that the sixth respondent has filed a writ petition in W.P.No.30645 of 2012 praying for a Mandamus forbearing the respondents therein from putting up pubic toilet or interfering with the possession and enjoyment of the sixth respondent's property. This Court, under the order dated 29.10.2015, disposed of the said writ petition directing the first respondent therein to pass orders on the representation of the sixth respondent herein on its own merits. 2.2. It is stated in the status report that the Regional Deputy Commissioner (South), Greater Chennai Corporation has inspected the site in question and submitted his report stating that as per the revised layout, around 7.5 sq.m of the public convenience was constructed within the land belonging to the sixth respondent. After considering the
report, the impugned order in the present writ petition has been passed.
2.3. It is further stated in the status report that the pubic convenience constructed in the sixth respondent's land was demolished and the land was handed over to the sixth respondent. Details of the five public conveniences within the approximate radius of 2 km from the land in question are also placed on record in the status report.
3. In view of the status report, the writ petition, as such, stands disposed of. There will be no order as to costs. Consequently, W.M.P.Nos.19329 & 19330 of 2017 are closed.
(S.V.G., CJ.) (P.D.A., J.) 05.09.2023 Index :
Yes/No :
Yes/No drm
To
1. The Commissioner Corporation of Chennai Ripon Buildings, Park Town Chennai - 600 003.
2. The Chairman Tamil Nadu Slum Clearance Board Kamarajar Road Chepauk, Chennai - 600 005.
3. The Zonal Deputy Commissioner South Greater Chennai Corporation Ripon Buildings, Park Town Chennai - 600 003.
4. The Assistant Engineer Ward No.180, Zone - XIII Corporation of Chennai, Tiruvanmiyur Chennai - 600 041.
5. The Inspector of Police J 13, Taramani Police Station Chennai - 600 113.
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.
(drm) W.P.No .17818 of 2017 05.09.2023