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2017 DIGILAW 1155 (MAD)

Revanaiah v. J. M. Ahmed Sirajudeen

2017-04-19

K.K.SASIDHARAN, M.V.MURALIDARAN

body2017
ORDER : K.K. SASIDHARAN, J. These review petitions are filed by the respondents in W.P.No.4897 of 2007 and W.P.No.11406 of 2013 seeking review of the order dated 03 December 2013 directing Chennai Corporation to take follow up action to remove the encroachment, taking into account the counter affidavit filed by the local authority. 2. The petitioners in the review applications filed Writ Petition in W.P.No.14709 of 2015 challenging the notice issued by the Chennai Corporation dated 23 December 2014, calling upon them to remove the encroachment within a period of 15 days, failing which it was indicated that further action would be taken for removal of encroachment. The petitioners have come up with the review applications and writ petition contending that there is no such road as alleged by the petitioners in W.P.No.4897 of 2007 and W.P.No.11406 of 2013 requiring removal. The notice issued by the Corporation is under challenge again on the ground that the local authority was not correct in directing removal of the encroachment without deciding as to whether there was any act of encroachment at the instance of the petitioners. 3. We have heard the learned Senior Counsel for the review applicants and the petitioners in the Writ Petition. We have also heard the learned Additional Advocate General on behalf of the Corporation of Chennai and the learned counsel for the respondents 1 to 3 in Review Application Nos.67 to 69 of 2016. 4. The respondents 1 to 3 in the Review Applications filed the writ petitions before this Court alleging that the Chennai Corporation failed to take action for removal of encroachment made on the 40' public road, now known as Jamalia Extension Road at Chennai. Before the Writ Court, the Chennai Corporation filed a counter affidavit indicating that they are in the process of removing the encroachment. The Division Bench, taking into account the submission made by the Chennai Corporation, directed the local authority to complete the exercise within a period of six months. It is the said order which is sought to be reviewed by the respondents in those writ petitions. 5. It is also a matter of record that pursuant to the order dated 03 December 2013, the Chennai Corporation issued notice to the petitioners in the review applications who are also the petitioners in W.P.No.14709 of 2013, directing removal of encroachment. 6. 5. It is also a matter of record that pursuant to the order dated 03 December 2013, the Chennai Corporation issued notice to the petitioners in the review applications who are also the petitioners in W.P.No.14709 of 2013, directing removal of encroachment. 6. After hearing the learned Senior Counsel for the petitioners, learned Additional Advocate General on behalf of the Corporation and the learned counsel for respondents 1 to 3 in Review Application Nos.67 to 69 of 2016, we are of the view that interest of justice would be sub-served by directing the Corporation to decide the issue once for all after hearing all the necessary parties. The applicants in the review applications and the petitioners in the writ petition are given time till 22 May 2017 to file their response, taking into account the notice issued by the Chennai Corporation, which is challenged in W.P.No.14709 of 2015. In short, the notice challenged in W.P.No.14709 of 2015 shall be taken as show cause notice and a reply should be filed by the petitioners. 7. The Chennai Corporation is directed to consider the reply filed by the petitioners and decide the matter once for all after giving reasonable opportunity to the petitioners and the respondents 1 to 3. Such exercise shall be completed on or before 31 July 2017. The status quo as on today shall be maintained till the disposal of the matter by the Corporation. The review applications and the writ petition are disposed of with the above direction. No costs. Consequently, connected miscellaneous petitions are closed.