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2024 Supreme(Mad) 756

S. M. SUBRAMANIAM, K. RAJASEKAR
K. Mohamed Ansar – Appellant
Versus
Commissioner, Corporation of Chennai – Respondent


Advocate Appeared:
For the Petitioner:AL.Ganthimathi for AR. Karthik Lakshmanan, Advocates.
For the Respondent:G.T. Subramanian, Standing Counsel, G. Venkatesan, Standing Counsel, A. Selvendran, Special Government Pleader, K. Madhu, C.K. Chandra Sekkar, Advocates.

JUDGMENT :

S.M. Subramaniam, J.

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents herein to remove the unauthorised encroachments of hut dwellers and restore 50' road lying between the Vathiyar Thottam on the West, Sherkhan Garden on the East, Arya Gowda Road on the South and Director's Colony 4th Main Road on the Rangarajapuram on the North situated in Rangarajapuram, Kodambakkam, Chennai-600 024.)

1. The Writ of Mandamus has been instituted to direct the respondents herein to remove the unauthorised encroachments of hut dwellers and restore 50' road lying between the Vathiyar Thottam on the West, Sherkhan Garden on the East, Arya Gowda Road on the South and Director's Colony 4th Main Road on the Rangarajapuram on the North situated in Rangarajapuram, Kodambakkam, Chennai-600 024.

2. It is not in dispute between the parties that the subject property has been notified as 'slum area' in G.O.Ms.No.1634, dated 14.12.1971 under the provisions of the Tamil Nadu Slum Areas (Improvement and Clearance) Act, 1971 [hereinafter referred to as the 'Act', in short]. Though it was notified under t

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