P.THANGAMARIAPPAN Vs. COMMISSIONER

JUDGEMENT

(1.) The Petitioner has filed the above Writ Petition praying for issuance of a Writ of Mandamus to direct the Respondent Nos.1 to 3 to remove the road side Encroachment committed either by the Respondent Nos.6 to 11 or by any other persons on the Somasundaram 2nd Street, Ayanavaram, Chennai-600 023, in the name of construction of any Temple or putting up any shelter over the said road under any reasons and to maintain the said road free for public access for ever.

(2.) Heard the Learned Counsel for the Petitioner, the Learned Standing Counsel for the Respondent Nos.1 to 3, the Learned Special Government Pleader for the Respondent Nos.4 and 5 and the Learned Counsel for the Sixth Respondent. In respect of the Respondent Nos.7 to 9 and 11, Notice returned unserved with endorsement "absent" and in respect of Notice on the Tenth Respondent, the same was served, but he is not present either in person or through a Learned Counsel. Counter of the Greater Chennai Corporation/Respondent Nos.1 to 3 is filed.

(3.) The stand of the Petitioner is that he is in peaceful possession and enjoyment of the property inherited from his grandfather situated in corner of junction of Konnur High Road and that of Somasundaram Second Street at Ayanavaram, Chennai-600 023. His property had access from the Main Road of Konnur High Road and also adjacent Road of Somasundaram Second Street. The said property is being used for commercial as well as residential purposes and consists of ground plus two floors. Apart from the Petitioner's usage, there are portions let out to various persons for their enjoyment for many years together.