Dr.K.Ravi v. Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.12.2024

CORAM

THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN W.P.No.37744 of 2024 and W.M.P.No.40804 of 2024 1.K.Ravi 2.C.Krishnakumari 3.K.Saratha Rao .. Petitioners Vs.

1. Tahsildar, Maduravoyal Taluk, Bharathi Salai Phase - II, Nolambur, Chennai - 600 037.

2.The Commissioner, Greater Chennai Corporation, Rippon Building, Poonamalle High Road, Chennai - 600 003.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider the petitioners' representation dated 02.09.2023 and consequently directing the respondents to remove the obstruction blockage on the western side of Sarathi Street abetting the Nerkundram Mettukuppam Main Road enabling the Petitioners to access their plot bearing Nos.19 and 20, Sarathi Street,

Nesammal Nagar, Nerkundram, Chennai comprised in present Survey No.284/2A1B situate at Nerkundram Village, Maduravoyal Taluk, Tiruvallur District.

For Petitioners .. Mr.D.Senthil Kumaar For R1 .. Mr.N.Naveen Kumar, Government Advocate.

For R2 .. Mr.S.Madhusudhanan, Standing Counsel

ORDER

This Writ Petition has been filed in the nature of a Mandamus seeking a direction against the respondents to consider the representation given by the petitioners which was dated 02.09.2023 and directing removal of obstruction on the western side of the Sarathi Street abutting the Nerkundram Mettukuppam Main Road. The petitioners access to their plot at Nos.19 and 20 at Sarathi Street in Nesappa Nagar, Nerkundram, Chennai, had been blocked by putting up such obstruction. 2.The fact that there is an obstruction had been confirmed by the 1st respondent who had conducted an enquiry on an earlier representation given by the petitioners. A copy of the report of the 1st respondent is available. The

representation now given on 02.09.2023 is for removal of the block. Further enquiry may be conducted by the 1st respondent to determine who had put up the block and the obstruction and issue notice to that particular individual and examine whether they had authority to put up such obstruction. If the obstruction had been put up without authority and if it obstructs the free flow of ingress and egress of the property of the petitioners, then the respondents may remove the obstruction and direct the parties to approach the civil Court for further reliefs. The officials of the 2nd respondent may also participate in the enquiry and do the necessary needful for removing the obstruction, if it found it had been put up unlawfully. The enquiry to be completed within a period of four weeks from the date of receipt of a copy of this order.

3.With the above observations, this Writ Petition stands disposed of. No costs.

19.12.2024 Index:Yes/No Internet:Yes/No smv C.V.KARTHIKEYAN,J.

smv To

1. Tahsildar, Maduravoyal Taluk, Bharathi Salai Phase - II, Nolambur, Chennai - 600 037.

2.The Commissioner, Greater Chennai Corporation, Rippon Building, Poonamalle High Road, Chennai - 600 003.

W.P.No.37744 of 2024 19.12.2024