(Order of the Court was made by the Acting Chief Justice) Mr.M.K.Subramanian, learned Government Pleader takes notice for respondents 1, 5 to 7.
2. The petitioner has filed this writ petition seeking issuance of a Writ of Mandamus directing respondents 2 to 5 to remove the encroachment in front of No.1/66 G.N.T.Road, Karanodai Chennai-600 067 and also in front of the adjacent residential premises by disposing the representation dated 30.11.2016.
3. It is the case of the petitioner that he is the resident of No1/66, G.N.T. Road, Karanodai, Chennai. In front of his house, the Metropolitan Transport Corporation buses are locating the premises as bus terminus. Due to the to and fro movements of the buses in front of his house, the petitioner is very much affected and continuous nuisance of the buses, he is unable to come out of his house. When the petitioner questioned, the time keeper of the said terminus said that the area was reserved for bus stand. In this regard, the petitioner made representation to the respondent authorities. Since action was not taken, the petitioner filed W.P.No.2628 of 2014 to consider the representation. By order dated 31.01.2014, this Court directed the first respondent therein to consider the representation of the petitioner. It is alleged that the Metropolitan Transport Corporation has again encroached the highways land and is locating the bus terminus in front of the petitioner's house. On 30.11.2016, the petitioner made a representation to the respondent authorities. Despite receipt of the representation, the respondent authorities have not taken any action. Hence, the petitioner has filed the writ petition seeking the relief stated supra.
4. Heard the learned counsel for the petitioner and the learned counsel for the respondents.
5. The learned counsel for the petitioner by referring to page No.27 of the typed set of documents submitted that despite the request to the Tahsildar, Ponneri by the Assistant Divisional Engineer, Ponneri to identify the boundary, no action was taken.
6. As far as the relief seeking to direct the authorities to refrain from locating the bus terminus in front of the petitioner's house is concerned, it is the policy of the respondent authorities where the bus terminus should be located.
7. As far as identification of the boundary and removal of encroachment in front of the petitioner's house is concerned, the petitioner has to remit necessary survey charges. We direct the petitioner to remit necessary survey charges with the Tahsildar, Ponneri within a period of one month from the date of receipt of a copy of this order and the Tahsildar, Ponneri after notice to all concerned, would conduct survey within a month thereafter and submit a report to the highways department regarding extent of encroachment and obstacles, if any and thereafter, the highways department will pass appropriate orders within a period of two months.
8. The writ petition, accordingly, stands disposed of. No costs.
(H.G.R., ACJ.) (T.K.R, J.) 20.03.2017 Index : Yes/No Internet : Yes bbr To:
1 The District Collector, Thiruvallur.
2 The Managing Director, Metro Transport corporation (Pallavan Transport Corporation) Pallavan Illam, Pallavan Salai Chennai-600 002.
3 The General Manager Metro Transport Corporation Pallavan House Anna Salai, Chennai-600 002.
4 The Branch Manager Metro Transport Corporation Padiyanallur Branch Padiyanallur, Chennai-600 057.
5 The Divisional Engineer State Highways Department Thiruvallur Division, Thiruvallur.
6 The Sub Collector Ponneri Taluk Ponneri, Thiruvallur District 7 The Block Development Officer, Panchayat Union, Sholavaram, Chennai 600 067.
HULUVADI G.RAMESH,ACJ.
AND RMT.TEEKAA RAMAN bbr W.P.No.6663 of 2017 20.03.2017