2024 Supreme(Online)(MAD) 23882
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 14.02.2024 CORAM THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR. JUSTICE K.RAJASEKAR W.P.No.19089 of 2020 and W.M.P.No.23659 of 2020 M.Srinivasan ... Petitioner Vs.
1. The Secretary to Government, Municipal Administration and Waster Supply Department, Fort St.George, Chennai-600 009.
2. The Commissioner, Corportion of Chennai, Chennai-600 003.
3. The Zonal Officer, IX Zone, Corporation of Chennai, Lake View Road, Nungambakkam, Near valluvarkottam, Chennai-600 034.
4. The Health Officer, Corporation of Chennai, Chennai-600003.
5. The Assistant Health Officer, Corporation of Chennai, IX Zone, 4th street, Lake view Road, Near Valluvarkottam, Nungambakkam, Chennai-600 034.
6. The Commissioner of Police, Greater Chennai.
7.TheDeputy Commissioner of Police (Mylapore), For Traffic, D.2 Police Station, Annasalai, Chennai.
8. The Inspector of Police, E.4 Abiramapuram Police Station, Greenways road, (near Mylapore Taluk office,), Chennai-600 028.
9. The Deputy Chief Engineer (Construction), Mass Rabit Transist System, Chetput, Chennai.
10. Tinkker S.Sekar, 11. A.C.Mohan, 12. Painter Dhanasekar
13. Santhosh
14. Manikandan ... Respondents Prayer :- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the respondents 1 to 9 to remove all encroachment and doing mechanical work done by the respondents 10 to 14 in the street at Canal Bank Road, Rajaannamalaipuram, Chennai -600 028 as per Sec.222 of the Chennai City Municipal Corporation Act 1989.
For Petitioner : Mr.R.Ravichandran For Respondents : Mr.A.Selvendran, Special Government Pleader, (for R1, R6 to R9);
Mr.E.C.Ramesh, SCGCC (for R2 to R5); Mr.P.Elango (for R10);
R11- Not ready in Notice;
Mr.Anand Sashidharan (for R12 to R14).
O R D E R
(Order of the Court was delivered by S.M.Subramaniam J.)
The writ of mandamus has been filed to direct the respondents 1 to
9 to remove all encroachment and doing mechanical work done by the respondents 10 to 14 in the street at Canal Bank Road, Rajaannamalaipuram, Chennai -600 028 as per Sec.222 of the Chennai City Municipal Corporation Act 1989.
2. The learned Standing Counsel, appearing on behalf of the Chennai Corporation, would submit that the encroachments in the subject properties had already been removed. Thus, no further adjudication is required.
3. Accordingly, the writ petition stands closed. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
(S.M.S.J.,) (K.R.S.J.,)
14.02.2024 Index : Yes/No Internet: Yes/No Speaking order/Non-Speaking order Neutral Citation : Yes/No (sha)
To
1. The Secretary to Government, Municipal Administration and Waster Supply Department, Fort St.George, Chennai-600 009.
2. The Commissioner, Corportion of Chennai, Chennai-600 003.
3. The Zonal Officer, IX Zone, Corporation of Chennai, Lake View Road, Nungambakkam, Near valluvarkottam, Chennai-600 034.
4. The Health Officer, Corporation of Chennai, Chennai-600003.
5. The Assistant Health Officer, Corporation of Chennai, IX Zone, 4th street, Lake view Road, Near Valluvarkottam, Nungambakkam, Chennai-600 034.
6. The Commissioner of Police, Greater Chennai.
7.TheDeputy Commissioner of Police (Mylapore), For Traffic, D.2 Police Station, Annasalai, Chennai.
8. The Inspector of Police, E.4 Abiramapuram Police Station, Greenways road, (near Mylapore Taluk office,), Chennai-600 028.
9. The Deputy Chief Engineer (Construction), Mass Rabit Transist System, Chetput, Chennai.
S .M.SUBRAMANIAM, J .
and K.RAJASEKAR, J.
(sha)
W.P.No.19089 of 2020
14.02.2024