Sofia Hema Rebecca v. The Commissioner- Chennai Corporation

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.04.2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD Sofia Hema Rebecca .. Petitioner -vs1.The Commissioner Chennai Corporation Greater Chennai Corporation Ripon Building, Chennai 600 003.

2.The District Revenue Office - Land Administration, Chennai Corporation Greater Chennai Corporation Ripon Building, Chennai 600 003.

3.The Zonal Officer - Zone 6 Chennai Corporation Chennai 600 012.

4.The Assistant Engineer, Ward No.75 Chennai Corporation, Chennai-600 012.

5.Mr.Masthan ...

Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 1st, 2nd and 3rd

respondents to consider the petitioner's representation dated 27.11.2023 for eviction of the encroachment of public toilet which is in use for last 60 years or convert this land as a Night Tuition Center to focus on slum dwelling kids and take immediate punitive action against the offenders 5th respondent Masthan by considering the petitioner's representation dated 27.11.2023. For the Petitioner :

Mr.S.Rabi Jayakumar For the Respondents :

Mr.C.Kathiravan Special Government Pleader-for R2 Mr.A.Arun Babu Standing Counsel-for R1,R3 & R4 * * * * *

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.S.Rabi Jayakumar, learned counsel for the petitioner, Mr.C.Kathiravan, learned Special Government Pleader for the second respondent and Mr.A.Arun Babu, learned Standing Counsel for respondents 1, 3 and 4.

2. The petitioner has filed the present Public Interest Litigation on the premise that the public toilet is demolished and a house is being constructed in the said place. No details of the property are placed on record such as the survey number, plot number, the area etc. Nothing is placed on record.

3. In the absence of relevant information and the documents, it would not be possible to pass orders in the Public Interest Litigation. In case the petitioner could lay hand on some authentic documents, the petitioner may agitate afresh.

4. With the above observation, the writ petition is disposed of. There shall be no order as to costs.

(S.V.G., CJ.) (J.S.N.P., J.) 10.04.2024 Index : Yes/No : Yes/No kst

To 1.The Commissioner Chennai Corporation Greater Chennai Corporation Ripon Building, Chennai 600 003.

2.The District Revenue Office - Land Administration, Chennai Corporation Greater Chennai Corporation Ripon Building, Chennai 600 003.

3.The Zonal Officer - Zone 6 Chennai Corporation Chennai 600 012.

4.The Assistant Engineer, Ward No.75 Chennai Corporation, Chennai-600 012.

THE HON'BLE CHIEF JUSTICE AND J.SATHYA NARAYANA PRASAD, J.

(kst) 10.04.2024