M/S.Vidyasagar Oswal Garden Owners Association v. The Member Secretary To The Cmda
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.01.2024 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY VIDYASAGAR OSWAL GARDEN OWNERS ASSOCIATION REP BY ITS SECRETARY- VISHAL AGARWAL N BLOCK ASSOCIATION ROOM, VIDYASAGAR OSWAL GARDEN NO.210/ 212 C.B.ROAD KORUKKUPET CHENNAI - 600 021.
.. Petitioner Vs 1 THE MEMBER SECRETARY TO THE CMDA THALAMUTHU NATARAJAN BUILDING NO.1 GANDHI IRWIN ROAD EGMORE CHENNAI- 600 008.
2 THE ADDITIONAL CHIEF SECRETARY/COMMISSIONER GREATER CHENNAI CORPORATION RIPON BUILDING CHENNAI- 600 003.
3 THE PUBLIC RELATION OFFICER GREATER CHENNAI CORPORATION RIPON BUILDING CHENNAI- 600 003.
4 THE ZONAL OFFICER- ZONE-1 CHENNAI- 600 019.
5 THE EXECUTIVE ENGINEER-ZONE-1 6 THE ASSISTANT ENGINEER -ZONE-1 7 PAVAN VOORA .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the 1st to 6th respondents to conduct a detailed enquiry or direction in the nature of writ to direct the respondents to consider the representation of petitioner letter dated on 29.09.2023 and consequently direct the respondents to remove the encroachers from the property gifted by the petitioner by way of gift deed documents No.3971/2010 and 3972/2010 for the purpose of widening of the road and to protect the Flat Owners from encroachers until widening of the road. For the Petitioner : Mr.J.Karunakaran For the Respondents : Mr.Y.Bhuvanesh Kumar for 1st respondent : Mr.E.C.Ramesh for respondents 2 to 6
ORDER
(Order of the court was made by the Hon'ble Chief Justice) Heard Mr.J.Karunakaran, learned counsel for the petitioner; Mr.Y.Bhuvanesh Kumar, learned counsel for the first respondent; and Mr.E.C.Ramesh, learned counsel for respondents 2 to 6.
2. Learned counsel for the petitioner submits that the petitioner has executed a gift deed in favour of respondents 1 to 6 for the purpose of widening of road and now the seventh respondent has encroached upon the said land and the respondent authorities are also permitting the hawkers to occupy the same.
3. Learned counsel appearing for respondents 2 to 6, on instructions, submits that respondents 2 to 6 would consider the representation of the petitioner and if the said place is illegally occupied by hawkers or some other persons, then steps would be taken to remove the encroachments. The representation of the petitioner, according to learned counsel for respondents 2 to 6, will
be decided within a period of four weeks.
In view of the above, the writ petition stands disposed of. There shall be no order as to costs. Consequently, W.M.P.No.1372 of 2024 is closed.
(S.V.G., CJ.) (D.B.C., J.) 23.01.2024 Index :
Yes/No Yes/No sasi To:
1 THE MEMBER SECRETARY TO THE CMDA THALAMUTHU NATARAJAN BUILDING NO.1 GANDHI IRWIN ROAD EGMORE CHENNAI- 600 008.
2 THE ADDITIONAL CHIEF SECRETARY/COMMISSIONER GREATER CHENNAI CORPORATION RIPON BUILDING CHENNAI- 600 003.
3 THE PUBLIC RELATION OFFICER GREATER CHENNAI CORPORATION RIPON BUILDING CHENNAI- 600 003.
4 THE ZONAL OFFICER- ZONE-1 CHENNAI- 600 019.
5 THE EXECUTIVE ENGINEER-ZONE-1 6 THE ASSISTANT ENGINEER -ZONE-1
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.
(sasi)
23.01.2024