IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. M. Subramaniam, K. Surender, JJ
Lion.G.Devarajan – Appellant
Versus
The District Collector – Respondent
WP No. 15688 of 2021
| Table of Content |
|---|
| 1. application for writ of mandamus concerning public road encroachments. (Para 1 , 2) |
| 2. government actions on unauthorized constructions. (Para 3) |
| 3. court's directive to remove encroachments and ensure public access. (Para 4) |
..Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing all Government respondents to consider and thereby dispose the Representations made by petitioner on 03.08.2019 02.11.2019 and 21.06.2021 and direct respondents to conduct survey and to evict illegal and un-authorized construction of Shri Sithi Vinayagar Temple, Manimudi Maamari Aalayam and Shri Ayyappan Sannithanam at Chennai Distirct, Otteri, Chellappa Street (ward75) and Both Side Chellappa Street Platform in accordance with law to demolish the offending construction and may also disconnect the metro water, sewage, electricity connections, thereby evict all types of encroachments and restore as it manner.
For Petitioner : Mr.Lion.G.Devarajan (party in person)
For Respondents: Mr.T.Arunkumar, Addl. Govt. Pleader for R1, R6 & R7 Mr.S.Gopinathan, Standing Counsel for GCC for R2 to R4 Mr.R.Manikavel for R10 R5,R8 & R9-No appearance
ORDER
(Order of the Court was made by S.M.Subramaniam J.)
The Writ of Mandamus has been instituted to direct the respondents to consider and thereby dispose of the representations made by the petitioner on 03.08.2019 02.11.2019 and 21.06.2021 and direct the respondents to conduct survey and to evict illegal and un-authorized construction of temples in accordance with law and to demolish the offending construction and to disconnect the metro water, sewage, electricity connections, thereby evict all types of encroachments.
2. The petitioner in person would submit that some greedy persons constructed temple for their personal gains in the middle of the road. Such temples are causing obstruction for free usage of road by the road users and causing obstruction to free vehicular traffic.
3. The learned Additional Government Pleader and the learned Standing Counsel for the Corporation would submit that actions have been initiated and in progress.
4. The Writ Petition has been instituted in the year 2021. However, the encroachments are yet to be removed. Considering the facts and circumstances, the respondents 1 to 3 are directed to conduct a survey, remove all the encroachments, unauthorized buildings in public roads and ensure that the road for public usage is being maintained free from any such encroachments. The said exercise is directed to be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order.
5. Accordingly, this Writ Petition is allowed. No costs.
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