BERACAH PRAYER GROUP AND PRAYER HOUSE Vs. ASHOK LEYLAND PANIYALARGAL KUDIYIRUPPOR PAGUTHIYIL VASIPOR MUNNETRA NALA SANGAM

JUDGEMENT

(1.) THE hon"ble the Chief Justice Heard the learned senior counsel appearing on behalf of the appellant and perused the impugned order dated 12.4.2011 passed in Writ Petition No.3039 of 2011, whereby the learned single Judge disposed of the writ petition filed by the first respondent/writ petitioner and directed the third respondent in the writ petition, viz. the Commissioner, Thiruvottiyur/Municipality, to remove the encroachments made by the appellant/fourth respondent on the road in Survey No.618/A of Sri A. Ramasamy Mudaliar Nagar, Thiruvottiyur Vilalge, Chennai, as well as in Plot Nos.121, 122, 123 and 124, with the help of the police.

(2.) THE first respondent/writ petitioner filed the writ petition for a direction to the respondents to act in accordance with the Local Body Act, 2000; the (Tamil Nadu) Survey and Boundaries Act, 1923; (Tamil Nadu) Act No.VIII of 1923 (Amended by Act No.33 of 1996) and restore the survey marks, public road and pathway, after measuring the area and remove the illegal encroachments on the road in Survey Nos.618/A and 281/3 of Sri A. Ramasamy Mudaliar Nagar, Thiruvetriyur, Chennai on the basis of the representation of the petitioner dated 11.1.2011. THE case of the first respondent/writ petitioner was that the employees of the writ petitioner-Association gifted various properties in Thiruvottiyur Village, including the land comprised in Survey No.618/A, in favour of the Thiruvottiyur Municipality for public purposes.

(3.) THE learned single Judge, taking into consideration the aforesaid facts, disposed of the writ petition by issuing certain directions and for a better appreciation, paragraphs 3 and 4 of the order of the learned single Judge are extracted hereinbelow:-