A writ petition under Article 226 seeking directions to decide a representation regarding obstruction on the petitioner's property was disposed of. The bench held that the case was closed pending on the petitioner's undertaking that no obstruction currently exists.
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 : 22.10.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
W.P.No.22577 of 2021
Thilaka Mani ... Petitioner
Versus 1. State by, The Commissioner of Police, Chennai City, Veppery, Chennai – 600 007. 2. The Deputy Superintendent of Police, St. Thomas Mount, Chennai – 600 016. 3. The Inspector of Police, S-7, Madippakam Police Station, Madipakkam, Chennai – 600 091. 4. The Inspector of Police, S-10, Pallikaranai Police Station, Pallikaranai, Chennai – 600 100. 5. Elumalai @ Samiyar Teashop owner 6. Neelavathi 7. Malliga Ranganathan @ Ranganathan
... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the representation dated 07.08.2021, made by the petitioner and decide the same in accordance with law, within a reasonable time as may be fixed by this Court.
For Petitioner : Mr.P.Pugalenthi
For R1 to R4 : Mr.R.Vinoth Raja Government Advocate (Crl. Side)
O R D E R
This Writ Petition is filed to direct the respondents to consider the representation dated 07.08.2021, made by the petitioner and decide the same in accordance with law, within a reasonable time as may be fixed by this Court.
2.The contention of the petitioner is that the petitioner is residing in the said address in Thandhai Periyar Nagar, Tharamani, for the past 40 years and she had purchased a property in Survey No.379, 380 and 381 situated at Sathya Nagar, Second Street, Kovilambakkam, Sozhinganallur Taluk. One Malliga Ranganathan @ Ranganathan, who was Ex-Panchayat President, Elumalai @ Tea Kadai Samiyar and Neelavathi, who are the neighbours of the plot, have tried to occupy the land and threatened the petitioner with dire consequences. All the wastes of that villagers were totally thrown in the petitioner's land and the wastes were separated by the garbage truck and the petitioner's land was using as a stopping for that garbage truck and the petitioner is unable to enter into her property and unable to do any construction work. Hence, the petitioner has forwarded a representation to the respondent Nos.1 to 4 and to the Chief Minister's Redressal Cell. Thereafter, also no action has been taken. Hence, filed this petition.
3.The learned Government Advocate [Crl. Side] submits that on the complaint of the petitioner, the petitioner was called for enquiry. Thereafter, the petitioner agreed that as on date, there is no obstruction caused by the said Malliga Ranganathan @ Ranganathan, who was Ex-Panchayat President, Elumalai @ Tea Kadai Samiyar and Neelavathi. Further she gave an undertaking and she intends to put up construction shortly. The respondent police has closed the case, in view of the above said undertaking given by the petitioner on 31.08.2021 and the copy of the closure report is produced before this Court.
4.With the above direction, this Writ Petition stands disposed of. However, there shall be no order as to costs.
Sd/Assistant Registrar(CS-IV)
//True Copy//
Sub Assistant Registrar
ah
To
W.P.No.22577 of 2021
GSM(CO) SU(12/11/2021)
1 issue framed by the court
Whether the Writ Petition should be disposed of on the petitioner's undertaking that no obstruction currently exists on her property by the respondents.
Thilaka Mani
State by The Commissioner of Police, Chennai City
Deputy Superintendent of Police, St. Thomas Mount
Inspector of Police, S-7, Madippakam Police Station
Inspector of Police, S-10, Pallikaranai Police Station
Elumalai @ Samiyar Teashop owner
M. Nirmal Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
