Madras High Court
R.Suresh vs Unknown on 20 March, 2019
Bench: Vijaya K.Tahilramani, M.Duraiswamy
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.03.2019
CORAM :
THE HON'BLE MRS.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE
AND
The HON'BLE MR.JUSTICE M.DURAISWAMY
W.P. No.9642 of 2018 and
W.M.P.No.11562 of 2018
R.Suresh .. Petitioner
v.
1 The Member Secretary
Chennai Metropolitan Development Authority
No.1 Gandi-Irwin Road
Egmore
Chennai - 8
2 The Commissioner
Chennai Corporation
Rippon Building
Chennai - 3
3 The Commissioner of Police
Egmore, Chennai - 8
4 The Managing Director
Chennai Metro Rail Ltd., CMRL Depot
Poonamalle High Road
Koyambedu
Chennai 107
http://www.judis.nic.in
2
5 The Managing Director
V.R. Mall
No. 44, Pillayar Koil Street
Thirumangalam
Anna Nagar, Chennai - 40
6 The Managing Director
Metrozone, Ozone Projects
No. 44, Pillayar Koil Street
Thirumangalam
Anna Nagar, Chennai - 40 .. Respondents
Writ Petition filed under Article 226 of the Constitution of India
praying for issue of Writ of Mandamus directing the respondents 1 to
3 to remove the encroachment on the public road namely, Pillayar Koil
Street, Thirumangalam, Chennai, by the 5th respondent and initiate
appropriate action.
For Petitioner : Mr.G.Muthukumaran
For Respondents : Mr.S.Thiruvengadam - for R1
Mr.K.Soundararajan - for R2
Mr.V.Jayaprakash Narayanan
Government Pleader (i/c) - for R3
Mr. Jayesh B. Dolia - for R4
Mr.Harshavardhan
for Mr.R.Parethasarathy - for R5
Mr.P.V.Balasubramanian - for R6
http://www.judis.nic.in
3
ORDER
(Order of the Court was made by The Hon'ble Chief Justice) Heard learned counsel for the petitioner and the learned counsel for the respondents.
2. The petitioner is seeking direction to the respondent Nos. 1 to 3 to remove the encroachment on the public road namely, Pillayar Koil Street, Thirumangalam, Chennai. According to the petitioner, the said encroachment was put up by respondent No.5
3. The learned counsel for the respondent No.2/Chennai Corporation has tendered his counter-affidavit, wherein it is stated that the disputed road was inspected by the Assistant Engineer, Division No.99 on 04.05.2018 and measurement was taken from the junction of Jawaharlal Nehru Road upto the properties of respondent Nos. 5 and 6 and it was found that the road i.e. Pillayar Koil Street is with a width of 40 feet and no encroachment has been made by the respondent Nos.
5 and 6 as alleged by the petitioner herein. The learned counsel for http://www.judis.nic.in 4 the Chennai Corporation has also submitted the photographs taken at the time of inspection.
4. In view of the categorical statement made in the affidavit that there is no encroachment made by the respondent Nos. 5 and 6, we are not inclined to entertain the present Writ Petition. Accordingly, the Writ Petition is dismissed. No costs. Consequently, the connected Miscellaneous Petition is closed.
(V.K.T., CJ.) (M.D., J.)
20.03.2019
Index : Yes/No
Speaking Order/Non Speaking Order Rj http://www.judis.nic.in 5 To 1 The Member Secretary Chennai Metropolitan Development Authority No.1 Gandi-Irwin Road Egmore Chennai - 8 2 The Commissioner Chennai Corporation Rippon Building Chennai - 3 3 The Commissioner of Police Egmore, Chennai - 8 4 The Managing Director Chennai Metro Rail Ltd., CMRL Depot Poonamalle High Road Koyambedu Chennai 107 5 The Managing Director V.R. Mall No. 44, Pillayar Koil Street Thirumangalam Anna Nagar, Chennai - 40 6 The Managing Director Metrozone, Ozone Projects No. 44, Pillayar Koil Street Thirumangalam Anna Nagar, Chennai - 40 http://www.judis.nic.in 6 THE HON'BLE CHIEF JUSTICE AND M. DURAISWAMY,J.
Rj W.P. No.9642 of 2018 and W.M.P.No.11562 of 2018 20.03.2019 http://www.judis.nic.in