Chennai: Noticing that the authorities keep on procrastinating on issues and are not taking action in accordance with law compelling the aggrieved party to approach the court, the Madras High Court said this resulted in unnecessary expenses for the aggrieved party, apart from burdening the court with administrative issues dealing with municipal governance.
A division bench comprising Chief Justice Sanjay Kishan Kaul and Justice M. Sundar disposed of a petition filed by P. Lathalakshmi relating to removal of encroachment on the road in Ambattur. The bench said the petitioner has been complaining since the year 2010, initially to the erstwhile Ambattur Municipality and thereafter to the corporation (in which the Municipality merged), alleging that two persons had encroached on the road, but the same has seen no result.
A perusal of the documents shows that on November 20, 2013, in pursuance of information sought under the Right to Information Act, the petitioner was informed that notices were issued to plot owners in 2013 and follow up action will be taken. A communication from the Appellate Authority/ Zonal Officer of the corporation to the petitioner dated January 20, 2015 refers to the fact that the area in question was an unapproved colony and thus they would need the assistance of the Surveyor to measure the road. It appears that even thereafter nothing has happened.
"This is the ninth case which we are noticing where the authorities keep on procrastinating and are not taking action in accordance with law compelling the aggrieved party to approach the court. This results in unnecessary expenses for the aggrieved party apart from burdening the court with administrative issues dealing with municipal governance. We, thus, once again direct the Corporation Commissioner to look into the matter personally and to fix responsibility for inaction", the bench added.
The bench further directed that the site will be inspected by the Tahsildar with the assistance of the Town Land Surveyor within 15 days and the survey report will be forwarded to the Assistant Commissioner of Chennai Corporation.
In case of encroachment being found, action in accordance with the law will be taken after notice to all concerned and concluded within two months thereafter, the bench added.
