Tenet dismissed petitioner R.Karnan's writ petition challenging demolition and alleged encroachment removal by Chennai Corporation officials. Court found no merit in petitioner's claim of ownership given prior dismissed litigation.
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.
W.P.No.1615 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.09.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.1615 of 2020 and
W.M.P.No.1894 of 2020
R.Karnan
.... Petitioner
Vs
1.The Commissioner, Corporation of Chennai, Rippon Building, Chennai – 600 003.
2.The Zonal Officer, Zone IV (Tondiarpet) No.266, Thiruvotriyur High Road, Chennai – 600 021.
3.The Executive Engineer, Zone IV (Tondiarpet) No.266, Thiruvotriyur High Road, Chennai – 600 021.
4.The Thasildar, Perambur Taluk, No.2, Perambur High Road, Perambur, Chennai – 600 011. (R4 impleaded vide order dated 26.02.2020 made in WMP No. 6026 of 2020 in W.P.No.1615 of 2020)
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W.P.No.1615 of 2020
5.A.Lily Pushpam
(R5 impleaded vide order dated 02.09.2024 made in W.M.P.No.7899 of 2020 in W.P.No.1615 of 2020)
6.L.Mary
(R6 impleaded vide order dated 02.09.2024 made in W.M.P.No.27168 of 2024 in W.P.No.1615 of 2020) .... Respondents
Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus forbearing the respondents from in any way interfering with the possession and enjoyment of the petitioner's property admeasuring about 1800 sq.ft. situated at No.71A, Thendral Nagar, 6th Street, Kodungaiyur, Selavayal, Chennai – 600 118 including by way of laying/widening of the Corporation Road and further direct the respondents jointly or severally to pay the compensation of Rs.1,00,000/- towards demolition of the petitioner's shop, compound wall and bathroom on 12.01.2020.
For Petitioner : Mr.M.K.Bhoopathy Rajan For R1 to R3 : Mr.A.C.Mani Bharathi Standing Counsel For R4 : Mr.S.Arumugam Government Advocate For R5 : Mr.M.Simon For R6 : Mr.D.Aravindan For R7 : Mr.G.Bala
ORDER
This Writ Petition has been filed forbearing the respondents
from in any manner interfering with the possession and enjoyment of the
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W.P.No.1615 of 2020
petitioner's property admeasuring 1800 sq.ft situated at No.71A, Thendral Nagar, 6th Street, Kodungaiyur, Selavayal, Chennai – 600 118 including by way of widening of the Corporation road.
perused the materials available on record.
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W.P.No.1615 of 2020
submitted that the petitioner is a land encroacher and the petitioner was born in the year 1970. Therefore, there could not be assigned in his favour on 16.06.1976. The public filed writ petition in W.P.No.2602 of 2008 for removal of encroachment in order to widening the road for free access. This Court disposed of the writ petition, thereby directed the Corporation of Chennai, to take steps for removal of encroachment. Though repeated recommendations were made, no action has been taken to remove the encroachment.
this Court in W.P.No.16028 of 2009 for the very same issue and the same was dismissed by this Court by an order dated 11.08.2009. Further, this Court observed that there is no such plot No. 71A in the layout and it is a road. That apart, the petitioner also filed a suit in O.S.No.8173 of 2008 as against the Corporation of Chennai and the same was also dismissed by a Judgment and Decree dated 22.02.2018.
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W.P.No.1615 of 2020
and it is liable to be dismissed. Accordingly, this Writ Petition stands dismissed. Consequently, connected miscellaneous petition is closed. No costs.
02.09.2024
Internet: Yes Index : Yes/No Speaking/Non Speaking order Lpp To
1.The Commissioner, Corporation of Chennai, Rippon Building, Chennai – 600 003. 2.The Zonal Officer, Zone IV (Tondiarpet) No.266, Thiruvotriyur High Road, Chennai – 600 021. 3.The Executive Engineer, Zone IV (Tondiarpet) No.266, Thiruvotriyur High Road, Chennai – 600 021.
4.The Thasildar, Perambur Taluk, No.2, Perambur High Road, Perambur, Chennai – 600 011.
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W.P.No.1615 of 2020
G.K.ILANTHIRAIYAN. J,
Lpp
W.P.No.1615 of 2020
02.09.2024
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2 issues framed by the court
Whether to issue a Writ of Mandamus forbidding respondents from interfering with the petitioner's possession of the property.
Whether to direct respondents to pay compensation for demolition of structures.
R.Karnan
The Commissioner, Corporation of Chennai
The Zonal Officer, Zone IV (Tondiarpet)
The Executive Engineer, Zone IV (Tondiarpet)
The Thasildar, Perambur Taluk
A.Lily Pushpam
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
