WP/50078/2006 of MS.LAKSHMI POONALINGAM Vs THE MEMBER SECRETARY on 22 December 2006

ORDER

(Order of the Court was made by P.SATHASIVAM, J.,)

The petitioner has approached this Court to issue a Writ of Mandamus,directing the respondents to take necessary steps to remove the illegalencroachment by demolishing the constructions made on 12 feet public roadat Gandhi Avenue at 18[th] Cross Street, New Colony, Chrompet, Chennai-44 interms of the Letter No.ES3/2832/2006 dated 14.03.2006 issued by the 1[st]respondent to the 3[rd] respondent in order to ensure that no person wouldencroach the public road by violating the rule of law.

2. On direction, Mr.J.Ravindran takes notice for 1[st] respondent-C.M.D.A., and Mr.Elango, Special Government Pleader takes notice forrespondents 2 and 3.

3. It is brought to our notice that though the petitioner has maderepresentations on 25.01.2006, 08.02.2006 and 10.02.2006 to the 3[rd]respondent Commissioner, Pallavaram Municipality, no action has been takenby him with reference to the grievance expressed in those representations.It is also brought to our notice that the 1[st] respondent C.M.D.A., by theircommunication dated 14.03.2006, permitted the Commissioner, PallavaramMunicipality to take necessary action in terms of their CircularNo.RT1/12393/2005 dated 27.04.2005.

4. It is the grievance of the petitioner that in spite of the same,the 3[rd] respondent has not taken effective steps so far. In view of theassertion and of the limited relief prayed for, we are of the view thatends of justice would be met by directing the 3[rd] respondent, theCommissioner, Pallavaram Municipality, to consider and dispose of therepresentations of the petitioner dated 25.01.2006, 08.02.2006, 10.02.2006as well as the communication of the C.M.D.A., dated 14.03.2006 and passappropriate orders, in accordance with law, expeditiously. It is madeclear that if any action is to be taken against third parties /encroachers, he is directed to issue notice to them and take action inaccordance with law.

With the above observation, writ petition is disposed of. No costs.Consequently, M.P.No.1 of 2006 is closed.

gl

Sd/-Assistant Registrar

/true copy/

To

1. The Member Secretary, C.M.D.A., No.I,Gandhi Irwin Road, Egmore, Chennai-600 008.

2. The Commissioner of Municipal Administration, Municipal Administration Dept., Ezhilagam Buildings, 6[th] Street, Chetpet, Chennai-600 005.3. The Commissioner, Pallavaram Municipality, Chrompet, Chennai-600 044.+One cc to Mr.N. Umapathi AdvocateSR 64650+ One cc to Mr. K. elango Spl G.P. SR 64984+ One CC to Mr. R. Ravindran SR 64891GV (co)sg 10/01/07Order in Writ Petition No.50078 of 2006 22.12.2006