Madras High Court
Padmaja vs The Commissioner on 30 November, 2021
W.P. No.3052 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 30.11.2021
CORAM:
THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM
and
THE HONOURABLE MR. JUSTICE V.SIVAGNANAM
W.P. No.3052 of 2020
Padmaja .. Petitioner
Versus
1. The Commissioner,
Corporation of Chennai,
Rippon Building, Park Town,
Chennai 600 003.
2. The Assistant Executive Engineer,
Corporation of Chennai,
Division No.98, Zone No.7, No.1217,
Arunachalam Pandaram Street,
Koyapettai, Chennai 600 012.
3. C.Panneerselvam
4. The Tahsildar,
Purasawalkam,
Chennai. .. Respondents
[R4, Suo-motu impleaded as per the order of this Court
dated 22.04.2021 in W.P.No.3052 of 2020]
Page No.1 / 6
https://www.mhc.tn.gov.in/judis
W.P. No.3052 of 2020
PRAYER: Writ Petition filed under Article 226 of the Constitution of India
seeking to issue a Writ of Mandamus, directing the 1st and 2nd respondent
herein to pass appropriate order to remove the unauthorized construction
and enroachments committed by the third respondent situated at the
premises of Corporation Road at Ramanujalu Garden Street, Perambur
Barracks, Chennai 600 012, of temple namely Arul Mighu Sri
Periyapalayathamman Alayam & Jai Anjeneyar Alayam adjacent to the
premises of the Writ Petitioner herein, with reference to the covered
judgment of the Hon'ble Supreme Court order dated 18.01.2013 in the
matter of Union of India vs. State of Gujarath and others under SLP
No.8519 of 2006, by disposing the representation dated 19.09.2019 within
the stipulated period prescribed by this Court.
For petitioner : Mr.G.Thangavel
For respondents
for RR1 & 2 : Mr.K.Raja Shrinivas
for R3 : Mr.Na.Malai Saravanan
for R4 : Mr.L.S.M.Hasan Fizal
ORDER
(The Order of the Court was made by K.KALYANASUNDARAM, J)
The Writ Petition is heard through video conferencing.
https://www.mhc.tn.gov.in/judis
W.P. No.3052 of 2020
2. The prayer in the Writ Petition is to issue a Writ of Mandamus,
directing the respondents 1 and 2 to remove the enroachment made by the
third respondent situated at Ramanujalu Garden Street, Perambur Barracks,
Chennai, based on the representation of the petitioner dated 19.09.2019.
3. The learned counsel appearing for the petitioner Mr.G.Thangavel
would argue that the petitioner is the owner of the property bearing Old
Door No.11/2E, New No.20, Ramanujalu Garden, by virtue of sale deed
dated 07.02.2011. According to the learned counsel, the third respondent
owns a property at Door No.19, Ramanujalu Garden Street and he has
constructed a compound wall in the public passage, resulting the petitioner
could not use the road.
4. It is further contended that though the petitioner has succeeded in
the Civil Suit, but so far, the encroachment has not been removed. Hence, it
would suffice if a direction is issued to the official respondents to take
appropriate action on the representation of the petitioner.
https://www.mhc.tn.gov.in/judis
W.P. No.3052 of 2020
5. The learned Senior Standing Counsel appearing for the respondents
1 and 2 Mr.K.Raja Shrinivas, would state that the the four
respondent/Tahsildar may be directed to demarcate the property and based
on the report of the Tahsildar, the respondents 1 and 2 are ready to take
action against the alleged unauthorized construction in the public passage.
6. Heard Mr.G.Thangavel, learned counsel for the petitioner,
Mr.K.Raja Shrinivas, learned Senior Standing Counsel appearing for the
respondents 1 and 2, Mr.Na.Malai Saravanan, learned counsel appearing for
the third respondent and Mr.L.S.M.Hasan Fizal, learned Additional
Government Pleader appearing for the fourth respondent.
7. In the light of the prayer sought for in the Writ Petition and the
submissions of the learned counsels, we hereby direct the fourth
respondent/Tahsildar, Purasawalkam, to conduct a survey in the land in
dispute in the presence of the parties and based on report of the Tahsildar,
the second respondent shall take appropriate action, within a period of three
months.
https://www.mhc.tn.gov.in/judis
W.P. No.3052 of 2020
8. With the above directions, the Writ Petition is disposed of. No
costs.
[M.K.K.S, J] [V.S.G., J]
30.11.2021
Speaking order: Yes/No
Index : Yes/No
pvs
To
1. The Commissioner,
Corporation of Chennai,
Rippon Building, Park Town,
Chennai 600 003.
2. The Assistant Executive Engineer,
Corporation of Chennai,
Division No.98, Zone No.7, No.1217,
Arunachalam Pandaram Street,
Koyapettai, Chennai 600 012.
3. The Tahsildar,
Purasawalkam,
Chennai.
https://www.mhc.tn.gov.in/judis
W.P. No.3052 of 2020
K.KALYANASUNDARAM, J.
and
V.SIVAGNANAM, J.
pvs
W.P. No.3052 of 2020
30.11.2021
https://www.mhc.tn.gov.in/judis
