Madras High Court
C.Prabhu @ C.C.Prabhuram vs The District Collector on 20 June, 2023
WP No.27210 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.06.2023
CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
WP No.27210 of 2021
1. C.Prabhu @ C.C.Prabhuram
2. C.Ramesh @ C.C.Ramesh .. Petitioners
-vs-
1. The District Collector,
Chennai District,
Singaravelar Maaligai,
Chennai 600 001.
2. The Tahsildar,
Velachery Taluk Office,
Gandhi Road, Velachery,
Chennai 600 042.
3. The Commissioner,
Greater Chennai Corporation,
Ripon Building, Chennai 600 003.
4. The Zonal Officer,
Old Zone X, New Zone No.XIII,
Corporation of Chennai,
Adyar, Chennai 600 020.
5. The Junior Engineer,
Old Division No.153, New Division No.179,
Corporation of Chennai, Velachery
Main Road, Velachery, Chennai 600 042.
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WP No.27210 of 2021
6. R.Elangovan .. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus to call for the records of the 3 rd
respondent pertaining to the communication in Ref.No.3.O.XIII.C.No./
11554/2014 dated 03.03.2016 issued by the District Revenue Officer/
Zonal Office, 13, based on which this Court had passed order in the
Contempt Petition filed by the petitioner relating to Town Survey
No.34 in Block No.193, Velachery Village, Chennai District, which was
originally stands in the name of the 3rd respondent Corporation and
direct the respondents 1 to 5 to clear the encroachment on the
Corporation Street and lay black top road and maintain the same in
Bhuvaneswari Nagar Layout abutting to Plot No.24A and 25A,
corresponding Town Survey Nos.38 and 39, abutting the road, comply
with genuine request made therein dated 12.12.2020, and
acknowledged by the respondents on 16.12.2020, and comply with
the request made therein within a specified period to be stipulated by
this Court.
For the Petitioner : Mr.V.Ramana Reddy
For the Respondents : Mr.J.Ravindran,
Additional Advocate-General,
Assisted by Mr.A.Selvendiran,
Special Government Pleader,
for RR 1 and 2
: Mr.A.Arunbabu
for respondents 3 to 5
: Mr.K.Chandrasekaran
for R-6
*****
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WP No.27210 of 2021
ORDER
(Order of the Court was made by The Hon'ble Chief Justice)
The petitioner seeks directions against respondent authorities to
clear the encroachment on the corporation street.
2. We have heard Mr.V.Ramana Reddy, learned counsel for the
petitioner, Mr.J.Ravindran, learned Additional Advocate-General for
respondents 1 and 2, Mr.A.Arunbabu, learned counsel for respondents
3 to 5 and Mr.K.Chandrasekaran, learned counsel for respondent
No.6.
3. It is pointed out that civil suit has been filed by respondent
No.6 seeking declaration of ownership. The application for interim
orders was rejected. An appeal has been filed by respondent No.6
and in appeal, directions are given not to demolish the compound
wall.
4. As the matter is sub judice before the civil court, at present
no orders can be passed in the writ petition. The State authorities
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WP No.27210 of 2021
may take further steps in tune with the judgment that would be
delivered in the civil proceedings and/or the orders passed in appeal.
The writ petition is, as such, disposed of. There will be no order
as to costs.
(S.V.G., CJ.) (P.D.A., J.)
20.06.2023
Index : yes/no
Neutral Citation : Yes/No
sra
To:
1. The District Collector,
Chennai District,
Singaravelar Maaligai,
Chennai 600 001.
2. The Tahsildar,
Velachery Taluk Office,
Gandhi Road, Velachery,
Chennai 600 042.
3. The Commissioner,
Greater Chennai Corporation,
Ripon Building, Chennai 600 003.
4. The Zonal Officer,
Old Zone X, New Zone No.XIII,
Corporation of Chennai,
Adyar, Chennai 600 020.
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WP No.27210 of 2021
5. The Junior Engineer,
Old Division No.153, New Division No.179,
Corporation of Chennai, Velachery
Main Road, Velachery, Chennai 600 042.
https://www.mhc.tn.gov.in/judis
WP No.27210 of 2021
THE HON'BLE CHIEF JUSTICE
AND
P.D.AUDIKESAVALU, J.
(sra)
WP No.27210 of 2021
20.06.2023
https://www.mhc.tn.gov.in/judis
