Madras High Court
Bothal Raj vs The District Collector on 4 August, 2022
W.P.No.20229 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.08.2022
CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.Nos.20229 of 2018 and 21943 of 2021
W.P.No.20229 of 2018
Bothal Raj ... Petitioner
Vs
1.The District Collector
Chennai District
2.The Commissioner
The Greater Chennai Corporation
Rippon Building Chennai 03
3.The Assistant Engineer,
Corporation of Chennai,
108th Ward, 8th Region,
Chennai 106
4.The Inspector of Police,
F-5, Choolaimedu Police Station,
Chennai 600 094
5.The Administrator,
Muthumariamman Koil,
Vallalar Street,
Padmanaba Nagar,
Choolaimedu,
Chennai 600094
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W.P.No.20229 of 2018
6.Ravi ... Respondents
(R-6 suo motu impleaded as per
order dated 06.08.18)
Prayer: Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus directing the Respondents 1 to 4 by
considering the representation of the petitioner dated 26.07.2018 in
accordance with law and direct the respondents to stop the function
and further construction of the unauthorized Muthumariyamman
temple by the 5th respondent at Vallalar Street, Padmanabha Nagar,
Choolaimedu, Chennai 600 094.
W.P.No.21943 of 2021
Sethuraman ... Petitioner
Vs
1.The District Collector
Chennai District
2.The Commissioner
The Greater Chennai Corporation
Rippon Building Chennai 03
3.The Tahsildar
No. 88 Mayor Ramanathan Street
Near Palimer Hotel
Egmore Chennai Distirct
4.The Vice Chairman
Chennai Metropolitan Development Authority
Gandhi Irwin Road
Egmore Chennai 08
5.The Inspector of Police
F5 Choolaimedu Police Station
Chennai Distirct ... Respondents
Prayer: Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus directing the Respondents to
consider the petitioners Representation dated 06.09.2021 and further
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W.P.No.20229 of 2018
direct the 2nd Respondent to clear the Encroachment and unauthorized
Construction made in the name of Muthu Mariamman Temple situated
at the middle of the Road at Vallalar street Padmanabha situated at
the middle of the Road at Vallalar street Padmanabha Nagar
Choolaimedu, Chennai 94.
For the Petitioner : Mr.J.Dinesh,
in WP No.21943 of 2021
Mr.R.Sankarasubbu
in WP No.20229 of 2018
For the Respondents : Mr.P.Muthukumar,
State Government Pleader
for respondents 1 and 4
in WP No.20229 of 2018
and for respondents 1 to 3, 5
in WP No.21943 of 2021
Mr.R.Gopinath,
for respondents 2 and 3
(in WP No.20229 of 2018)
Mr.C.Manoharan,
for 4th respondent
in WP No.21943 of 2021
COMMON ORDER
(Order of the Court was made by
the Hon'ble Chief Justice)
The writ petitions have been filed to seek a direction on the
respondents to clear the encroachment causing obstruction on the
middle of the road at Vallalar Street, Padmanaba Nagar,
Choolaimedu, Chennai.
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W.P.No.20229 of 2018
2. Learned counsel appearing for the Chennai Corporation
submits that action has already been initiated to remove the
encroachment and process would be completed at the earliest. It
would otherwise be pursuant to the judgment of the Apex court in the
case of Union of India vs. State of Gujarat, [2011(14) SCC 52].
3. In the light of the aforesaid, the writ petitions are disposed
of with a direction to the respondents to complete the process of
removal of encroachment. It would obviously be after complying with
the process of law but should not be with delay. There will be no
order as to costs. Consequently, W.M.P.No.23715 of 2018 is closed.
(M.N.B., CJ.) (D.B.C., J.)
04.08.2022
Index : Yes/No
tar
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W.P.No.20229 of 2018
To:
1.The District Collector
Chennai District
2.The Commissioner
The Greater Chennai Corporation
Rippon Building Chennai 03
3.The Assistant Engineer,
Corporation of Chennai,
108th Ward, 8th Region,
Chennai 106
4.The Inspector of Police,
F-5, Choolaimedu Police Station,
Chennai 600 094
5.The Tahsildar
No. 88 Mayor Ramanathan Street
Near Palimer Hotel
Egmore Chennai Distirct
6.The Vice Chairman
Chennai Metropolitan Development Authority
Gandhi Irwin Road
Egmore Chennai 08
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W.P.No.20229 of 2018
M.N.Bhandari, CJ.
and
D.Bharatha Chakravarthy, J.
(tar)
W.P.Nos.20229 of 2018
and 21943 of 2021
04.08.2022
https://www.mhc.tn.gov.in/judis
