Petitioners sought protection of their shop property from interference by municipal, revenue, police and highways authorities after part of a storm water drain encroached onto their land. Authorities removed the offending drainage portion during the pendency of the writ petition; the court closed the petition without costs.
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.21037 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.07.2024
CORAM:
THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD
W.P.No.21037 of 2018 and
W.M.P.Nos.34693 & 24694 of 2018
2.D.Dhakshinamoorthy
...Petitioners
-Vs-
1/6
W.P.No.21037 of 2018
Construction and Maintenance Highways Department, No.299, Anna Salai, Teynampet, Chennai – 6.
...Respondents
**R5 suo motu impleaded vide order dated 05.09.2022 made in W.P.No.21037 of 2018
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Mandamus, forbearing the respondents from interfering with the petitioner's peaceful possession and enjoyment of the property in Survey No.155/20 at Old No.10, New No.52, Shop No.34, Sannathi Street, Thiruverkadu, Chennai – 600 077 without due process of law and pass such further orders.
For Petitioners : Mr.M.Padmanaban For R1 : Mr.Mohandoss, Standing Counsel For R2 to R5 : Mrs.R.L.Kavitha, Government Advocate
O R D E R
This writ petition is filed for issuance of a Writ of Mandamus,
forbearing the respondents from interfering with the petitioners' peaceful possession and enjoyment of the property in Survey No.155/20 at Old No.10, New No.52, Shop No.34, Sannathi Street, Thiruverkadu, Chennai – 600 077, without due process of law.
2/6
W.P.No.21037 of 2018
are the absolute owners and have been in possession and enjoyment of the property since the date of purchase. The sale deeds and patta are in their names. They are running their shops on their property. While so on 26.07.2018, without any notice, respondents 2 and 3 damaged super structure and from 03.08.2018 onwards, the police threatened them from running the shops and further stated that for violation Rs.1,000/- would be imposed as fine. The reason for their action is not known. Hence, the present writ petition is filed.
“7. It is submitted that the Tahsildar, Poonamallee, in his report dated 15.09.2022, stated that little portion of storm water drainage constructed along the road, has been stretched into the properties of writ petitioner, to the extent of 1.2 meters from the Road margins. It is further ascertained that the extent of portion running on petitioner's properties is around 41 sq ft out of total 220 sq ft belongs to Mr. Dhakshinamoorthi, 43 sq ft out of 220 sq
3/6
W.P.No.21037 of 2018
ft belongs to Mrs. Ranganayagi and 43 sq ft out of 226 sq ft belongs to Mohamed Ibrahim.
8. It is submitted that in pursuance of the report from the Tahsidlar, the Divisional Engineer, (C&M), Thiruvallur, is directed to address this issue, make immediate and appropriate arraignments to remove the portion of storm water drainage running on petitioners' properties and hand over possession at the earliest. The officials concerned have requested three months time to place suitable alternative arrangement, as the raining season is already started. ”
submitted that pending writ petition the portion of storm water drainage running on the petitioners' properties were removed and the same was also admitted / confirmed by the learned counsel for the petitioners.
In view of the above submission made by the learned counsel on either side, the writ petition stands closed . No costs. Consequently, connected miscellaneous petitions are closed.
02.07.2024
cda Index : Yes/No Speaking/Non Speaking order
4/6
W.P.No.21037 of 2018
To
5.The Superintending Engineer, Construction and Maintenance Highways Department, No.299, Anna Salai,
Teynampet, Chennai – 6.
J.SATHYA NARAYANA PRASAD, J.
5/6
W.P.No.21037 of 2018
cda
W.P.No.21037 of 2018
02.07.2024
6/6
1 issue framed by the court
Whether respondents could be restrained from interfering with the petitioners' possession of their property without due process of law.
1 provisions across 1 enactments
D.Shantha
D.Dhakshinamoorthy
The Commissioner, Thiruverkadu Municipality
The Tahsildar, Maduravoyal Taluk
The Revenue Divisional Officer, Ambattur Division
The Inspector of Police, T-5, Thriuverkadu Police Station
J.Sathya Narayana Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
