Madras High CourtWP/25832/2018disposed of

Mrs. Kodhai Raman v. The District Collector,

2018-10-29Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice R. Subramanian4 pages

In the High Court of Judicature at Madras Dated : 29.10.2018 Coram The Honourable Mr.Justice K.K. SASIDHARAN AND The Honourable Mr.Justice R. SUBRAMANIAN W.P.No.25832 of 2018 Mrs.Kodhai Raman ..Petitioner ..vs..

1. The District Collector, Kancheepuram District, Kancheepuram.

2. The District Collector, Chennai District.

3. The Tahsildar, Sholinganallur Taluk, Sholinganallur, Chennai - 600 119

4. The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai - 600 003.

5. The Regional Joint Commissioner, Chennai South Region, Corporation of Chennai, L.B. Road, Adyar, Chennai - 600 020.

6. The Assistant Commissioner/Zonal Officer, Corporation of Chennai, Zone - 14, 6/64, Puzhuthivakkam Main Road, Puzhthivakkam, Chennai - 600 009

7. The Deputy Commissioner of Police, St. Thomas Mount, Chennai - 600 016.

8. R. Elumalai

9. S. Uma ..Respondents Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Mandamus directing the Respondents 1 to 7 to remove the encroachment made by the 8th and 9th respondents herein in 4th Cross Street, Ram Nagar South Extension, Pallikaranai, Chennai - 600100 lies in Survey Nos.9 and 9/8 of Pallikaranai Village, Sholinganallur Taluk, Kancheepuram District by considering the petitioner's representation dated 07.06.2018.

For Petitioner :

Mr.S. Thirumavalavan For R.1 to R.3 : Mr.J. Pothiraj Spl.Government Pleader For R.4 to R.6 : Mr.A. Nagarajan For R.8 : Mr.R. Balaguruswamy (No appearance)

ORDER

(Judgment of the Court was delivered by K.K.SASIDHARAN J.) The petitioner has filed the writ petition seeking to issue a Writ of Mandamus directing the Respondents 1 to 7 to remove the encroachment made by the 8th and 9th respondents herein in 4th Cross Street, Ram Nagar South Extension, Pallikaranai, Chennai - 600100 and more particularly in Survey Nos.9 and 9/8 of Pallikaranai Village, Sholinganallur Taluk, Kancheepuram District.

Heard the learned counsel for the petitioner. None appears for the respondents inspite of printing the names of the counsel in the cause list.

The Assistant Commissioner/Zonal Officer, Corporation of Chennai, Zone - 14, sixth respondent herein has filed a counter affidavit indicating that notice has already been issued to the respondents 8 and 9 to produce a copy of the plan under Sections 56 and 57 read with Section 85 of the Tamil Nadu Town and Country Planning Act, 1971. According to the The Assistant Commissioner/Zonal Officer, action would be taken in accordance with law.

Since the Corporation has already initiated action, there is no need to issue a Mandamus as requested by the

petitioner. We hope that the Corporation would take follow up action pursuant to the notice issued to the respondents 8 and 9 on 20.10.2018.

5. The writ petition is disposed of with the above direction. No costs.

sr Sd/- Assistant Registrar(CS IX) //True copy// Sub Assistant Registrar To