IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated 12.1.2011 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR Writ Petition No.566 of 2011 and M.P.No.1 of 2011 G.Jayaraman. ... Petitioner vs. 1.The Commissioner, Alandur Municipality, Office of the Alandur Municipality, Alandur, Chennai. 2.Mr.Gunasekara Naidu. ... Respondent Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the first respondent to protect the 80 feet road situated in Thalakkanacheri Village, Saidapet Taluk, Chengalpet District from any encroachment and maintain the same as 80 feet road for the usage of public. For petitioner : Mr.Seliv George For the first respondent: Mr.L.S.M.Hasan Fizal. Government Advocate ----- O R D E R
Writ Petition is filed praying to issue a Writ of Mandamus, to direct the first respondent to protect the 80 feet road situated in Thalakkanacheri Village, Saidapet Taluk, Chengalpet District from any encroachment and maintain the same as 80 feet road for the usage of public.
2. Mr.L.S.M.Hasan Fizal, learned Government Advocate takes notice on behalf of the first respondent. In view of the order that is to be passed in this writ petition, the notice to the second respondent is dispensed with. By consent of the petitioner’s counsel and the Government Advocate, the writ petition is taken up for final disposal.
3. Petitioner claims to be the owner of the property as mentioned above. According to the petitioner, the second respondent, a neighbour is encroaching upon 80 feet public road belonging to the respondent municipality. A complaint/representation has been given on 5.1.2011 to the first respondent. However, there is no proof of proper acknowledgment to the said representation dated 5.1.2001 addressed to the first respondent.
4. In view of the above, petitioner is directed to give a fresh representation to the first respondent on proper acknowledgment and as and when such representation is made, the first respondent Municipal Commissioner is directed to consider the said representation on its owner merits and in accordance with law. It is made clear that this Court has not expressed any opinion on merits. If, at the behest of the petitioner, any action is taken and if the interest of the second respondent or any third party will be affected, they have to be duly noticed so as to avoid allegations of violations of principles of natural justice. The Writ Petition is disposed of as above. No costs. Consequently, connected miscellaneous petition is closed.
12.1.2011
Index: No
Internet: Yes
ts
To
The Commissioner,
Alandur Municipality,
Office of the Alandur Municipality,
Alandur,
Chennai.
R.SUDHAKAR,J.
ts.
Order in
W.P.No.566 of 2011
12.1.2011