Madras High Court
B.V.Sureshkumar vs The Commissioner on 20 January, 2021
W.P.No.20322 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.01.2021
CORAM :
The Hon'ble Mr.SANJIB BANERJEE, THE CHIEF JUSTICE
AND
The Hon'ble Mr.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P.No.20322 of 2020
B.V.Sureshkumar ... Appellant
-vs-
1.The Commissioner,
Greater Chennai Corporation,
Ripon Buildings,
Chennai 600 003
2.The Deputy Commissioner (North)
Greater Chennai Corporation,
Zone 5
No.6, Basin Bridge Road,
Chennai 21.
3.The zonal Officer,
Greater Chennai Corporation,
Zone 5 Ward 56,
No.6, Basin Bridge Road,
Chennai 21.
4.The Superintendent,
Parks Department,
Greater Chennai Corporation,
Amma Maligai,
Ripon Buildings Campus,
Chennai 600 003.
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W.P.No.20322 of 2020
5.The Commissioner of Police,
Greater Chennai,
Vepery,
Chennai 600 007
6.The Deputy Commissioner (North)
Harbour Range,
2nd Line Beach,
Rajaji Salai,
Chennai 600 001. ... Respondents
Writ petition filed under Article 226 of the Constitution of India seeking for
a Writ of Mandamus, directing the respondents to restrain from constructing by
encroaching the public road Meeran Labbai Street and direct to construct the
compound wall on the eastern and western side of the Aashirvathapuram play
ground as it was existing prior to the demolition by ensuring the Revenue
records and field map in Survey No.2237 of Meeran Labbai Street.
For petitioner : Mr.R.Sathiyamoorthy
For respondents : Mr.R.Gopinath,
for respondents 1 to 4
Mr.K.S.Suresh,
Govt. Advocate
for respondents 5 and 6
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W.P.No.20322 of 2020
JUDGMENT
(Delivered by The Hon'ble Chief Justice)
An order has been passed earlier today in W.P.No.981/2021
(N.Shanmugam vs. Government of Tamil Nadu), dealing with a complaint
pertaining to encroachment. It is impossible for this court to address every issue
of encroachment raised by the many petitioners. The order passed earlier today
has indicated the procedure to be followed for a representation to be made to
the local authorities who have the jurisdiction to remove the encroachment.
2. It has also been observed in the order that Government or Revenue
land should not be permitted to be encroached and every encroachment should
be removed as expeditiously as possible, without any degree of political or other
form of bias being demonstrated.
3. Accordingly, the present petition, W.P.No.20322 of 2020, is disposed of
by directing respondents 1 to 4, the officials of the Corporation, to deal with the
petitioner's representation, if made, and take appropriate steps in accordance
with law, thereupon. The representation must be dealt with by a speaking order.
If the petitioner is dissatisfied with the decision taken, the petitioner will be
entitled to avail of the petitioner's remedies upon establishing the petitioner's
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W.P.No.20322 of 2020
locus. Public interest litigations cannot be entertained for every encroachment
that has taken place unless there is a big issue which comes to the fore or it is a
matter of general public importance.
4. With the above observation, the writ petition is disposed of, by calling
upon the second respondent to deal with the petitioner's written representation
by a speaking order, to be reached to the petitioner within six weeks from date.
If any encroachment is found, immediate steps are to be taken in accordance
with law, including by resorting to the summary procedure available, for removal
of such encroachment. If no encroachment is found, the petitioner's
representation must be dealt with and an appropriate reply should be given. It is
open to the petitioner to pursue the future remedies available to be petitioner
upon the representation being considered. W.P.No.20322 of 2020 is disposed of
without any order as to costs. Consequently, W.M.P.No.25118 of 2020 is also
closed.
(S.B., CJ.) (S.K.R., J.)
20.01.2021
Index : Yes/No
tar
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W.P.No.20322 of 2020
1.The Commissioner,
Greater Chennai Corporation,
Ripon Buildings,
Chennai 600 003
2.The Deputy Commissioner (North)
Greater Chennai Corporation,
Zone 5
No.6, Basin Bridge Road,
Chennai 21.
3.The zonal Officer,
Greater Chennai Corporation,
Zone 5 Ward 56,
No.6, Basin Bridge Road,
Chennai 21.
4.The Superintendent,
Parks Department,
Greater Chennai Corporation,
Amma Maligai,
Ripon Buildings Campus,
Chennai 600 003.
5.The Commissioner of Police,
Greater Chennai,
Vepery,
Chennai 600 007
6.The Deputy Commissioner (North)
Harbour Range,
2nd Line Beach,
Rajaji Salai,
Chennai 600 001.
https://www.mhc.tn.gov.in/judis/
W.P.No.20322 of 2020
The Hon'ble Chief Justice
and
Senthilkumar Ramamoorthy, J.
(tar)
W.P.No.20322 of 2020
20.01.2021
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