Writ petition challenging Corporation of Chennai laying a road on petitioner's property. Court remanded for enquiry by District Collector and senior Revenue Officer to verify title rights within a specific timeframe.
Direction passed to District Collector, Tiruvallur, to nominate a senior District Revenue Officer to conduct an enquiry and report within 30.06.2016.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 26.04.2016 Coram
The Hon'ble Mr.Justice T.S.SIVAGNANAM
Writ Petition No.9447 of 2016
&
W.M.P.No.8406 of 2016
M.R.Padmaja ...Petitioner
rep by her duly constituted
Power Agent M.S.Ranganathan
Vs.
1.The Commissioner
Corporation of Chennai
Rippon Buildings
Park Town
Chennai-600 003
2.The Zonal Officer
Corporation of Chennai
Zone-3, Ward-24,
No.1. Thattankulam Road
Madhavaram, Chennai-60 ...Respondents
Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus directing the respondents to remove the black topping made in a portion of property of an extent of 3083 sq.ft out of the large extent of 34 cents, comprised in Survey No.11/1, Puthagaram village, Puzhal Town Panchayat, within the limits of Corporation of Chennai, without any authority.
For Petitioner : Mr.V.Guberan for M/S.Rank Associates
For Respondents : Mr.K.Soundararajan O R D E R
Heard the learned counsel for the petitioner and the learned counsel for the respondents.
property. The petitioner would state that without any semblance of legal right the respondent corporation has entered into the property and laid a road and therefore they have filed this writ petition seeking for a direction to remove the black topping laid on the portion of the property to an extent of 3083 sq.ft out of the larger extent of 34 cents comprised in S.No.11/1, Puthagaram Village, Puzhal Town Panchayat.
hear the parties in person and thereafter pass an reasoned order on merits and in accordance with law. Undoubtedly, such finding to be rendered by the authority will bind the respondent Corporation. The above exercise shall be completed on or before 30.06.2016. No costs. Connected miscellaneous petition is closed.
Assistant Registrar(CS VI)
//True Copy//
Sub Assistant Registrar
To
1.The Commissioner,
Corporation of Chennai,
Rippon Buildings,
Park Town,
Chennai-600 003.
2.The Zonal Officer,
Corporation of Chennai,
Zone-3, Ward-24,
No.1. Thattankulam Road,
Madhavaram, Chennai-60.
+1cc to M/S.Rank Associates, Advocate sr.26740
+1cc to Mr.K.Soundararajan, Advocate Sr.26553
Writ Petition No.9447 of 2016
&
W.M.P.No.8406 of 2016
GJ II
srg 27/05/2016
2 issues framed by the court
Whether an enquiry is required to ascertain the Corporation's title to the property before ordering removal of the road.
Whether the District Collector and a senior Revenue officer should conduct an enquiry into the validity of the Corporation's claim.
1 provisions across 1 enactments
M.R. Padmaja
The Commissioner, Corporation of Chennai
The Zonal Officer, Corporation of Chennai
T.S. Sivagnanam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
