← Library
Madras High CourtWP/34095/2024disposed of

Meganathan v. The Commissioner

2025-02-20Honourable Mr Justice J.Sathya Narayana Prasad6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.02.2025

CORAM

THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD and WMP.No.36909 of 2024 Meganathan ... Petitioner vs.

1. The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai 600 003.

2. The Assistant Commissioner, Zone-5, Greater Chennai Corporation, No.62, Basin Bridge Road, Chennai 600 021.

3. The Executive Engineer, Zone-5, Greater Chennai Corporation, No.62, Basin Bridge Road, Chennai 600 021. .. Respondents Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus forbearing the respondents 1 to 3 from erecting the bus shelter in front of the petitioner's building, situated at No.2/36, Venkata Street, Opposite to Maadi Park, Ibrahim Shahib Road, Chennai 600 001 based on the petitioner's representation dated 30.10.2024 Page No.1 of 6

For Petitioner : Mr.c.Prabakaran For Respondents : Mr.S.Gopinathan Standing Counsel

ORDER

The present writ petition has been filed to forbear the respondents 1 to 3 from erecting the bus shelter in front of the petitioner's building, situated at No.2/36, Venkala Street, Opposite to Maadi Park, Ibrahim Shahib Road, Chennai 600 001 based on the petitioner's representation dated 30.10.2024 .

2. It is the case of the petitioner that the property bearing Old Door No.36, New Door No.2, Venkata Iyer Street, Muthialpet, Chennai comprised in Old S.Nos.2224 and 2225, New Re-Survey No.27991/1, 2799/2 and 2799/4, Block No.26, V.O.C. Nagar, Fort Tondiarpet Taluk measuring to an extent of 1260 sq.ft.of land originally belongs to one B.Thangaraj, measuring to an extent of 1260 sq.ft at VOC Nagar, Fort Tondiarpet Taluk and thereafter the petitioner along with one L.Balaji purchased jointly for the valuable sale consideration and the same was registered on 01.02.2008 vide Doc.No.23/2008 on the file of S.R.O. JointPage No.2 of 6

1, Chenai North. Thereafter, the respondents are trying to erect a bus shelter in front portion of the petitioner's building, by abutting and shops. Therefore, the petitioner made a representation dated 26.10.2024 to the respondents 1 to 3 objecting for the erection of bus shelter in front of shop. After receiving the same, on 09.11.2024, the respondents and his officials came to the shop and put up the concrete bed for erection of shelter, by abutting very entrance of the shop itself. Hence, the petitioner has come forward with the present writ petition.

3. When the matter came up for hearing on 20.01.2025, this Court has passed the following order:- " On behalf of the 3rd respondent, it is contended that the pillar which is in front of the shop of the petitioner will have to be moved about 1 to 1 1⁄2 ft. and that a report has been sought from the certified Engineer about the feasibility. Let that be obtained."

4. On 04.02.2025 the learned counsel appearing of the respondents Corporation requested time to shift the pillar of the bus shelter, which is in front of the shop of the writ petitioner, to be moved about 1 to 1 1⁄2 feet Page No.3 of 6

from the present place and hence the matter was directed to be listed on 20.02.2025. On 20.02.2025, status report filed by the third respondent and the relevant portion of the said report is extracted hereunder :- " I further submit that as requested before this Hon'ble Court on 04.02.2025, a pillar of the bus shelter, which is hindrance to the ingress and egress of the motor cycles to the shop, was shifted more than 3 feet away from the constructed position and photocopies are annexed herewith to show the shifting of pillar as requested by the petitioner".

5. In view of the above, nothing survives for further adjudication in this writ petition. Hence, this writ petition stands disposed of. No costs. 20.02.2025 Index : Yes/No.

Internet : Yes/No.

Speaking : Non-speaking Order kkd Page No.4 of 6

To

1. The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai 600 003.

2. The Assistant Commissioner, Zone-5, Greater Chennai Corporation, No.62, Basin Bridge Road, Chennai 600 021.

3. The Executive Engineer, Zone-5, Greater Chennai Corporation, No.62, Basin Bridge Road, Chennai 600 021.

Page No.5 of 6

J.SATHYA NARAYANA PRASAD,J.

kkd 20.02.2025 Page No.6 of 6