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Madras High CourtWP/49205/2025disposed of

K.Veerabathran v. The Commissioner

2025-12-18Honourable Mr.Justice V. Lakshminarayanan10 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-12-2025

CORAM

THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN and WMP No. 54963 of 2025 K.Veerabathran Petitioner(s) Vs

1. The Commissioner Greater Chennai Corporation, Rippon Building, Poonamallee High Road, Chennai-600 003.

2.The Chairman Cum Managing Director Metropolitan Transport Corporation, (Chennai Limited), No.2, Pallavan Salai, Chennai-600 002.

3.The Chief Engineer Integrated Chief Engineers Office Complex, Highways Department, HRS Campus, 76 Sardar Patel Road, Little Mount, Guindy, Chennai-600 025.

4.The Superintending Engineer (H) Construction & Maintenance No.299, Anna Salai, Teynampet, Chennai-600 006.

5.The Zonal Officer Greater Corporation Of Chennai, Zone No.168 First Reddy Street, Chennai-600 032 1/10

Respondent(s) PRAYER directing the respondents 1 to 5 herein not to erect waiting shed and not to construct public toilet in front of petitioners property situated at Door No.31/21 Jawaharlal Nehru Road, Ekkatuthangal, Chennai-600 032 and such further or other order or direction as this Honble Court. For Petitioner(s):

M/s.P.K.Sabapathi For Respondent(s):

Mr.E.C.Ramesh SC-R1 & R5 Mr.C.Gauthamaraj -St.C- R2 Mr.L.S.M.Hasan Fizal, AGP R3 & R4

O R D E R

Heard Mr. P.K.Sabapathi for the petitioner, Mr.E.C.Ramesh for R1 & R5, Mr.C.Gauthamaraj for R2 and Mr.L.S.M.Hasan Fizal, for R3 & R4.

2. The petitioner seeks a writ of mandamus directing the respondents not to erect a bus shelter and a public toilet in front of petitioner's property situated in Door No. 31/21, Jawaharlal Nehru Road, Ekkattuthangal Road, Chennai - 32. The petitioner claims that he secured the title to the property by virtue of a partition deed in the year 2003. After having taken possession of the property, he has put up a superstructure, consisting of ground and two floors. On the ground floor, he has let out the property for non-residential /commercial use. The cause of action for the writ petition is that, the respondents are constructing 2/10

a bus shelter and a toilet in front of his property and thereby, preventing his access to the Jawarlal Nehru Road. Furthermore, he fears that the public toilet will be constructed in the area in front of his property and thereby, adding to the inconvenience, which will be caused, on account of the bus shelter.

3. Taking note of the submission of Mr.P.K.Sabapathi, I called upon Mr.E.C.Ramesh to get instructions from the respondents.

4. Mr.E.C.Ramesh has been instructed by the Assistant Commissioner (Senior Grade), Zone - XIII, Greater Chennai Corporation. The affidavit shows that the proposed shelter presently under constructions is not a new one. The Greater Chennai Corporation is merely replacing the earlier bus shelter with a modern structure. The affidavit further states that the size of the bus shelter has not been increased and will remain the same as it was earlier. The 5th respondent has also stated that the Greater Chennai Corporation is not going to encroach upon the carriage way and the pedestrian walkway running in front of the petitioner's property. The affidavit further adds that there is no proposal for the construction of a toilet block adjacent to the bus shelter. The affidavit filed by the Assistant Commissioner is scanned and extracted:- 3/10

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5. The undertaking given in the affidavit that the new bus shelter will be of the same dimensions as the old bus shelter, and that there will not be no encroachment upon the public pathway and pedestrian walkway, is recorded.

6. The writ petition stands disposed. No costs. Consequently, connected miscellaneous petition is closed.

18-12-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Maya To

1. The Commissioner Greater Chennai Corporation, Rippon Building, Poonamallee High Road, Chennai-600 003.

2.The Chairman Cum Managing Director Metropolitan Transport Corporation, (Chennai Limited), No.2, Pallavan Salai, Chennai-600 002.

3.The Chief Engineer Integrated Chief Engineers Office Complex, Highways Department, HRS Campus, 76 Sardar Patel Road, Little Mount, Guindy, Chennai-600 025.

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V.LAKSHMINARAYANAN J.

Maya 4.The Superintending Engineer (H) Construction & Maintenance No.299, Anna Salai, Teynampet, Chennai-600 006.

5.The Zonal Officer Greater Corporation Of Chennai, Zone No.168 First Reddy Street, Chennai-600 032 Dated : 18-12-2025 10/10