Madras High Court
G.Ramakrishnan vs The Commissioner on 25 March, 2022
W.P.No.6952 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.03.2022
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
and
THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA
KURUP
W.P.No.6952 of 2022
G.Ramakrishnan ... Petitioner
-vs-
1. The Commissioner,
Greater Chennai Corporation,
Rippon Building, E.V.R.Salai,
Chennai-600 003.
2. Thendral
3. The Executive Engineer,
Corporation of Chennai,
Zone VI, Ayanavaram,
Chennai. ... Respondents
(R3 was suo motu amended by this Court in this order)
Writ Petition filed under Article 226 of the Constitution of India
seeking for issuance of a Writ of Mandamus, directing the 1 st
respondent to take action against the 2 nd respondent for putting up the
illegal construction in the petitioner's peaceful possession and
enjoyment of the property measuring an extent of 1200 sq.ft.
comprised in Old R.S.No.317/30, New R.S.No.317/142 Block No.19 in
the set back area of 243 sq.ft. which solely belonged to the petitioner
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W.P.No.6952 of 2022
and dispose of the petitioner's representation dated 14.12.2019.
For Petitioner : Mr.K.Manikandan
For 1st Respondent : Mr.K.Raja Shrinivas,
Standing Counsel
ORDER
(Order of the Court was made by T.RAJA, J.)
This Writ Petition has been filed seeking for issuance of a Writ of
Mandamus, directing the 1st respondent to take action against the 2nd
respondent for putting up the illegal construction in the petitioner's
peaceful possession and enjoyment of the property measuring an
extent of 1200 sq.ft. comprised in Old R.S.No.317/30, New
R.S.No.317/142 Block No.19 in the set back area of 243 sq.ft. which
solely belongs to the petitioner and dispose of the petitioner's
representation dated 14.12.2019.
2. Learned Counsel appearing for the petitioner would submit
that the petitioner claims to be the owner of the house and premises
bearing Door No.1A, Ekangipuram Main Street, Pattabhi Colony,
Perambur, Chennai-600 011, having purchased the same for a valid
consideration from one Mr.T.K.Murugesan under a registered Sale
Deed whereas one late Mr.Manickam was the owner of the land and
house bearing Door No.1, Ekangipuram Main Street, Pattabhi Colony,
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W.P.No.6952 of 2022
Perambur, Chennai-11, who filed O.S.No.8624/1983 on the file of the
learned III Assistant Judge, City Civil Court, Chennai against his
predecessor-in-title Mr.T.K.Murugesan for declaration of his title and
mandatory injunction in respect of the set back land measuring 243
sq.ft. provided by the petitioner and the said suit was partly allowed in
respect of the prayer for declaration and dismissed in respect of the
prayer for mandatory injunction. Aggrieved over the said judgment
and decree both T.K.Murugesan and Mr.Manickam preferred appeals in
A.S.Nos.191/1998 and 83 of 2002 respectively on the file of the
learned IV Additional Judge, City Civil Court, Chennai. The First
Appellate Court has allowed the appeal preferred by
Mr.T.K.Murugesan and dismissed the cross-appeal preferred by
Manickam. Thereafter, no further appeal was filed and it has become
final. Later on, the said Manickam also died intestate leaving behind
his sons and daughters as his legal heirs. While so, after the purchase
of the land-in-question by the petitioner herein, the legal heirs of
Mr.Manickam interfered with the peaceful possession and enjoyment of
the petitioner in the said set back area of 243 sq.ft. belongs to the
petitioner. Therefore, the petitioner filed a suit against them for
permanent injunction in O.S.No.2027/2012 on the file of the XVII
Assistant Judge, City Civil Court, Chennai and the same was also
decreed on 29.07.2016. But the legal heirs of the late Manickam have
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W.P.No.6952 of 2022
put up illegal constructions by encroaching the set back area and
closing all the windows of the petitioner's house in violation of the
judgment and decree. Thereafter, the petitioner has moved an
Execution Petition before the XXVI Assistant Judge, Allikulam for
punishing the judgment debtors for disobedience of the order. In the
meanwhile since one of the judgment debtors, namely, late
Rukmangadan's son Thendral has constructed a building
unauthorizedly without getting any planning permission, the petitioner
has submitted a representation dated 14.12.2019. Since no action is
forthcoming, the petitioner has filed the present Writ Petition.
3. Mr.K.Raja Shrinivas, learned Standing Counsel taking
notice for the 1st respondent would submit that the petitioner has not
impleaded the necessary and proper party, namely, The Executive
Engineer, Corporation of Chennai, Zone-VI, Ayanavaram, Chennai,
who is a competent authority to consider the petitioner's
representation dated 14.12.2019.
4. In view of the above, The Executive Engineer, Corporation
of Chennai, Zone-VI, Ayanavaram, Chennai is hereby suo motu
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W.P.No.6952 of 2022
impleaded as 3rd respondent in this Writ Petition, who in turn, shall
consider and dispose of the petitioner's representation dated
14.12.2019 on merits and in accordance with law, within a period of
three months from the date of receipt of a copy of this Order.
5. With the above observation and direction, the Writ Petition
is disposed of. No costs.
(T.R.J.,) (S.S.K.J.,)
25.03.2022
Note :
Office to make necessary amendment
in the Cause Title.
tsi
To
1. The Commissioner,
Greater Chennai Corporation,
Rippon Building, E.V.R.Salai,
Chennai-600 003.
2. The Executive Engineer,
Corporation of Chennai,
Zone VI, Ayanavaram,
Chennai.
T.RAJA, J.
AND
SATHI KUMAR SUKUMARA KURUP, J.
tsi
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W.P.No.6952 of 2022
W.P.No.6952 of 2022
25.03.2022
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W.P.No.6952 of 2022
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