P. RAMACHANDRAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner has come forward with this Writ Petition praying for issuance of a Writ of Mandamus to direct the respondents herein to remove the encroachment in the Pillaiyar Koil Street, Viswanathapuram, Guduvancheri, belonging to Nandivaram-Guduvancheri Town Panchayat, Kancheepuram District.

(2.) It is seen that the third respondent has issued notice dated 03.05.2004 to the fourth respondent for removal of encroachment in question. In the typed set of papers, the learned counsel for the petitioner has also produced the photos of encroachment and the sketch to show that there is encroachment. Learned Government Advocate appearing for the respondents 1 to 3 submitted that the respondents 1 to 3 will take steps to remove the encroachment and demolish the building in question, if the building has been constructed in violation of the sanctioned plan. It is clear from a perusal of the materials available on record that the fourth respondent has encroached on the road.

(3.) With regard to the encroachment, it is useful to refer a decision of a Division Bench of this Court in the case of M.P. Aravinda v. The Commissioner, Corporation of Chennai and others, W.P.No.28311 of 2016, dated 04.10.2016, wherein the Division Bench held as follows in paragraph 7: