In the High Court of Judicature at Madras
Dated: 25.9.2008
Coram:
The Honourable Mr.Justice S.J.Mukhopadhaya
and
The Honourable Mr.Justice V.Dhanapalan
Writ Petition No.23506 of 2008
& M.P.No.1 of 2008
R.Narayanasamy .. Petitioner
vs.
1. The Managing Director,
Chennai Metropolitan Development Authority,
Egmore, Chennai-600 008.
2. The Commissioner,
Corporation of Chennai,
Rippon Buildings,
Chennai-600 003. .. Respondents
Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, as stated therein.
For petitioner : Mr.V.Chandrakanthan
For respondents : Mr.C.Kathirvan for R-1
Mr.A.Mohammed Ghouse for R-2
Order
(The Order of the Court was made by S.J.Mukhopadhaya,J)
This Writ Petition has been preferred by the petitioner praying for issuance of a Writ of Mandamus, to direct the respondents to demolish the illegal construction put up on the ground floor and open terrace situate in Deepa Apartment bearing Old No.7, New No.13, Bazullah Road, T.Nagar, Chennai-600 017, as per the representation/Advocate’s Notice, dated 30.6.2008.
2. From the pleadings/records, it would be evident that certain constructions(s) have been made on private land(s), which are alleged to be illegal. No construction seems to have been made on any Government poramboke land. Further, no public interest is involved in this Writ Petition.
3. Even the person who has constructed, has not been impleaded as a part-respondent, in this Writ Petition.
4. Further, in the matters of removal of unauthorised construction(s)/encroachment, similar case fell for consideration before a Division Bench of this Court in the case of “R.Munuswamy vs. The District Collector, Vellore and 8 others”, in Writ Petition No.20494 of 2008, wherein the Division Bench, by order dated 26.8.2008, held as follows:
“23. In view of such consistent view of the Supreme Court, the exercise of writ jurisdiction for removal of encroachment or obstruction on public land, especially when a specific efficacious remedy for the same has been provided under Sections 133 to 143 of the Code, in our judgment, would be both inappropriate and improper.”
5. In the circumstances, we are not inclined to grant the relief sought for in this Writ Petition.
6. It is open for the petitioner to move before the Civil Court of competent jurisdiction or may ask for appropriate relief from appropriate authority/Court of Law.
7. With the above observations, the Writ Petition is dismissed. No costs. The Miscellaneous Petition is closed.
cs
To
1. The Managing Director,
Chennai Metropolitan Development Authority,
Egmore, Chennai-600 008.
2. The Commissioner,
Corporation of Chennai,
Rippon Buildings,
Chennai 600 003