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2024 Supreme(Mad) 268
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Sanjay V. Gangapurwala, D. Bharatha Chakravarthy, JJ.
N.A. Dharmarajan & Another - Appellant
Vs.
The District Collector, Kancheepuram & Others - Respondent
W.P. No. 34297 of 2023
Decided On : 04-03-2024
Advocate Appeared:
For the Appellant :T.S. Baskaran, Advocate.
For the Respondents: C. Kathiravan, Spl. Government Pleader, R. Muniyapparaj, Addl. Public Prosecutor, Sylvester John, RA. Gopinath, J. Muthukumaran, Advs.
IMPORTANT POINT
The central legal point established in the judgment is the requirement for a survey to determine the existence of encroachment on a public street and the initiation of removal steps if encroachment is found.
Headnote:
Encroachment - Public Street - The court addressed the issue of encroachment on a public street and directed a survey to be conducted to determine the existence of encroachment. If encroachment is found, steps for removal are to be initiated within one month.
Fact of the Case:
The petitioners sought the removal of illegal construction on a public street to provide free access to their property and prevent future encroachment. They also requested police protection during the removal of encroachments.
Finding of the Court:
The court directed respondent No.4, with the help of respondent No.3, to conduct a survey of the subject street within two months. If encroachment is found, steps for removal are to be initiated within one month thereafter.
Issues: Alleged encroachment on the public street by respondent No.8, despite previous removal of encroachment by the Municipality.
Ratio Decidendi: The court's decision was based on the need for a survey to determine the existence of encroachment and the subsequent initiation of removal steps if encroachment is found.
Final Decision: The writ petition was disposed of with the direction for a survey to be conducted, and no order as to costs was made. The petition to file a single writ petition was allowed and disposed of.
ORDER :
Sanjay V. Gangapurwala, J.
(Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents 1 to 7 to fully remove the illegal construction which is the Vinayakar Koil and the house construction of the 8th respondent in T.S.No.233/3, Kanikandeswarar Koil Street @ Pallavan Street in Block No.4, Ward No.3 in Kancheepuram Municipality to provide free access to the petitioners to reach their property and prevent any future encroachment and also consequently directing respondents 5 to 7 to provide police protection at the time of removal of encroachments.)
1. We have heard Mr.T.S.Baskaran, learned counsel for the petitioners; Mr.C.Kathiravan, learned Special Government Pleader for respondents 1 to 3; Mr.RA.Gopinath, learned counsel for respondent No.4; Mr.R.Muniyapparaj, learned Additional Public Prosecutor, assisted by Mr.Sylvester John, learned counsel for respondents 5 to 7; and, Mr.J.Muthukumaran, learned counsel for respondent No.8.
2. Encroachment is alleged on the street.
3. It is submitted by learned counsel for the petitioners that respondent No.8 has encroached the public street.
4. Learned counsel for respondent No.8 submits that there is no encroachment made by respondent No.8. In fact, behind the temple, the godown and rice mill belonging to the petitioners are situated. Only the petitioners are creating problems. According to learned counsel for respondent No.8, earlier survey is conducted and, as per the survey, no encroachment is found.
5. Learned counsel for respondent No.4 submits that, prima facie, there appears to be an encroachment by respondent No.8. Notice would be given to respondent No.8 and further action would be initiated in accordance with law.
6. According to learned counsel for the petitioners, pursuant to the order of the learned Single Judge of this Court in W.P.No.20256 of 2008, dated 11.8.2009, the encroachment was removed by the Municipality. However, again respondent No.8 has encroached.
7. In view of the above, respondent No.4, with the help of respondent No.3, may carryout a survey of the subject street. The said survey shall be conducted within two months from today. Depending upon the report of the survey, steps shall be taken. In case, upon survey the encroachment is found, then steps shall be commenced for removal of the encroachment within one month thereafter.
8. With these observations, the writ petition is disposed of. There shall be no order as to costs. Consequently, W.M.P.No.34188 of 2023 is closed. W.M.P.No.34184 of 2023 filed to permit the petitioners to file a single writ petition is allowed and disposed of.
