IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09.11.2021 CORAM THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P. No. 19642 of 2021 P.Jaykumar ... Petitioner -vs-

The Commissioner, Maraimalai Nagar Municipality, Maraimalai Nagar, Chengalpattu District - 603 209. ... Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus directing the Commissioner, Maraimalai Nagar Municipality, Maraimalai Nagar, Chengalpattu District - 603 209, the respondent herein to consider the petitioner's representation dated 14.07.2021.

For Petitioner : Mr.R.Vinoth Kumar For Respondent : Mr.L.P.Maurya Standing counsel

O R D E R

The prayer sought for herein is for a Writ of Mandamus directing the Commissioner, Maraimalai Nagar Municipality, Maraimalai Nagar, Chengalpattu District - 603 209, the respondent herein to consider the petitioner's representation dated 14.07.2021.

2. The petitioner is having a property at New Door No.12, Old Door No.20, Bajanai Koil Street, Potheri, Kattankulathur, Chengalpet Taluk, Kancheepuram District, comprised in part of Survey Nos.239/16 part, 239/17 and 239/18, Potheri Village, which is the part of a large extent of land originally belong to the parents of the petitioner and subsequently, by way of settlement deed, they bequeathed the property in favour of the petitioner and his brothers. Thereafter, a partition had taken place among the brothers on 05.09.2013, which was registered in the concerned Sub Registrar Office. Accordingly, the petitioner inherited part of the said property by way of the said settlement deed and partition and that is how, he became owner of the said property.

3. In this regard, it is the case of the petitioner that, there has been lot of encroachments in that area especially in the street, where the petitioner's land is located. Like that, there has been several encroachments in that area, where indiscriminately the people are encroaching the road margin belonging to the respondent Municipality. However, no action has been taken to remove such encroachments. With the result, 30 feet road are shrunken into 10ft road and the storm water drain put up by the local authorities is used as drainage, thereby, a lot of drained water is stored at the petitioner's plot, where it causes public nuisance and health hazards. Therefore, in order to remove such encroachment, the petitioner has given a representation to the respondent on 14.07.2021 along with photographs showing the alleged encroachment, however since there was no action on the part of the respondent Municipality, the petitioner has approached this Court by way of filing the present Writ Petition with the aforesaid prayer.

4. On earlier occasion, a direction has been given by a learned Judge to have a combined inspection in the presence of the petitioner on the location assigned or the area concerned, in order to verify the compliant made by the petitioner and to file a report to that effect by way of counter affidavit.

5. Accordingly, after having conducted an inspection on three days, i.e., on 24.09.2021, 30.09.2021 and 04.10.2021, the respondent Municipality has given the details about the said inspection by way of counter affidavit, where, inter alia the respondent Municipality has stated the following:

"4. I respectfully submit that the averments in para 5 and 6 of the affidavit to the effect that the road in between R.S. No. 239 and 240 is Erikarai road is false whereas Erikarai road is perpendicular to Brahmin Cross Street which is situated in between R.S. No. 239 and 240. I respectfully submit that the Brahmin Cross Street bearing Revenue Survey No. 240/1 is having width of 13 feet in its northern side, 37.25 feet in its southern side and 19.05 feet at the junction of Survey Nos.239 and 240.

5. I respectfully submit that pursuant to the order of this Hon'ble Court a joint field inspection was conducted by the officials of the respondent Municipality and Revenue Authorities on 24