T.S. Singaravelu vs The Commissioner, Corporation of Chennai and Others

N. Kirubakaran, J—The petitioner is a resident of 4th lane, Bazaar Road, Mylapore, Chennai - 600 004. Since there is no light facilities and concrete road has not been laid by the Corporation in the said road, the petitioner had given a representation on 18.07.2012 to the respondents giving the details of the number of houses and flats located in the said street. Since, neither the petitioner''s representation was considered nor the lights have been provided by the respondents, the petitioner has come before this Court.

Heard Mr.N.Suresh, learned counsel for the petitioner and Mr.P.V. Selvakumar, learned counsel for the respondents.

Though the learned counsel for the respondents would submit that the 4th lane, Bazaar Road, Mylapore, Chennai - 600 004, is a private road and it stands in the name of Kanniah lal, it is evident from the records especially, the Corporation Map prepared by the respondents would show that the 4th lane, Bazaar Road is a public road. Moreover, the information obtained by the petitioner from the first respondent under Right to Information Act on 25.04.2013, would reveal that, estimation has been prepared by the Corporation for laying cement concrete road and for erection of two Lamp Posts for 4th lane, Bazaar Road, Mylapore, Chennai - 600 004. The relevant information is extracted below:-

From the above, it is very clear that, the Chennai Corporation treated the 4th lane, Bazaar Road, Mylapore, Chennai - 600 004, as a public road and, by no stretch of imagination, it can be called as private road. In view of the fact that the estimation was prepared by the respondents as early as in the year 2012-13 under the improvement fund for laying concrete road and erection of 2 Lamp Posts and hence, the respondents have to be necessarily provide the above facilities to the said road.

In view of the above, the writ petition is disposed of with a direction to the respondents to lay concrete road and erect 2 numbers of Lamp Posts in 4th lane, Bazaar Road, Mylapore, Chennai - 600 004, within a period of four weeks from the date of receipt of a copy of this order failing which, the respondents shall appear before this Court on 08.10.2015. It is always open to the respondents to get police protection for execution of the above work, if necessary. No costs.