2/5, 11:05] Sekarreporter1: [2/5, 11:04] Sekarreporter1: https://twitter.com/sekarreporter1/status/1357563095728541700?s=08 [2/5, 11:04] Sekarreporter1: [2/5, 11:02] Ilango Dk: எம்.ஜி.ஆர் ராமாவரம் தோட்ட கேட்டுக்கு முன்னால் அ.ம.மு.க. கட்சியினர் கொடி கம்பமோ, பெயர் பலகை கல்வெட்டு வைக்கக் கூடாது என்று எம்.ஜி.யாரின் வளர்ப்பு மகள்கள் கீதா, ராதா ஆகியோர் சென்னை உயர் நீதிமன்றத்தில் வழக்கு தாக்கல். வழக்கறிஞர் இளங்கோவன் இன்று அவசர

[2/5, 11:05] Sekarreporter1: [2/5, 11:04] Sekarreporter1: https://twitter.com/sekarreporter1/status/1357563095728541700?s=08
[2/5, 11:04] Sekarreporter1: [2/5, 11:02] Ilango Dk: எம்.ஜி.ஆர் ராமாவரம் தோட்ட கேட்டுக்கு முன்னால் அ.ம.மு.க. கட்சியினர் கொடி கம்பமோ, பெயர் பலகை கல்வெட்டு வைக்கக் கூடாது என்று எம்.ஜி.யாரின் வளர்ப்பு மகள்கள் கீதா, ராதா ஆகியோர் சென்னை உயர் நீதிமன்றத்தில் வழக்கு தாக்கல். வழக்கறிஞர் இளங்கோவன் இன்று அவசர வழக்காக விசாரிக்க வேண்டும் என்ற கோரிக்கையை ஏற்று வரும் திங்கட்கிழமை 8.2.21 அன்று காலை விசாரணைக்கு எடுத்துக் கொள்வதாக நீதிபதிகள் எம்.சத்தியநாராயணா, ஏ.நக்கீரன் அமர்வு அனுமதி.
V.Elangovan 9003077888
[2/5, 11:02] Sekarreporter1: ☘️☘️
[2/5, 11:05] Sekarreporter1: IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Special Original Jurisdiction)

W.P.No. of 2021

1.Tmt.GeethaM.Mohan,
W/o.MadhuMohan.K.,

2.Tmt.Radha Gopalakrishnan,
W/o. Gopalakrishnan,

Both are residing at
No.3/157, Mount Poonamallee Road,
MGR Gardens, Ramapuram,
Chennai – 600 089. .. PETITIONERS

/VERSUS/

1.The Deputy Commissioner of Police,
St.Thomas Mount,
Railway Station Road,
Alandhur,Chennai – 600 016.

2.The Inspector of Police,
S-4, Nandhambakkam Police Station,
Nandambakkam,Chennai – 600 035.

3.The Divisional Engineer (Highways),
Mount Poonamallee,
Sathiyavedu Road,Oil Mill Shopping,
Thiruvallaur.

4.Lucky Murugan,
ThiruvallurDistrict Secretary,
Amma MakkalMunnetraKazhagam,
3rd Main Road,Venkateswara Nagar,
Ramapuram,Chennai. .. RESPONDENTS

AFFIDAVIT OF 1st THE PETITIONER

I, Tmt.GeethaM.Mohan, wife of K.Madhu Mohan, aged about 57 years, residing at No.No.3/157, Mount Poonamallee Road, MGR Gardens, Ramapuram, Chennai – 600 089, do hereby solemnly affirm and sincerely state as follows:

1. I am the 1stpetitioner herein and I am swearing this affidavit on behalf of other petitioner as well and as such I am well acquainted with the facts of the case.

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2. I state that we are residing at No.3/157, Mount Poonamallee Road, MGR Gardens, Ramapuram, Chennai – 600 089. Ourselves, Nirmala W/o. Appu @ Raveendaran, Janu @ Janaki W/o. Sivaraman and Sudha W/o. Vijayakumar are the foster children of former Chief Minister of TamilnaduThiru.M.G.Ramachandran. As per the Will deed dated 18.01.1987 executed by Thiru.M.G.Ramachandran in D.No.2/1987 in favour of the above said five of us and a Deaf and Dum home now running in the name of Dr.M.G.Ramachandran Home and Higher Secondary School for speech and hearing impaired have got ownership and legal right over the above property situated at Old No.4/119, New No. 3/157, Mount Poonamallee Road, MGR Gardens, Ramapuram, Chennai – 600 089. The above Will deed was probated before this Hon’ble court in O.P.No.388 of 1992. There is no one else who have got any right over the above property except us as per the above Will deed executed by Thiru.M.G.Ramachandran.

3. That being so, the 4th respondent who is the District Secretary of Amma MakkalMunnetraKazhagamon 27.01.2021 without any right illegally encroached the platform located near front gate of our residential premises belonging to us, and had constructed a cement structure on our premises compound wall obstructing the platform which belongs to Highways Department and also installed a flag pole on the platform. The 4th respondent had illegally occupied the front boundary wallas well as encroached the possession belonging to the Highways Department. Hence, I lodged a complaint on 27.01.2021 to the respondents 1 to 3.

4. Thereafter on 29.01.2021 the respondents 1 to 3 have demolished the unauthorisedstructure and pole and removed part of the encroachment.

5. I state that the after removal of part of encroachment by the respondents 1 to 3, again on 01.02.2021 the 4th respondent have encroached the above possession belonging to Highways Department

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by again putting up the cement structure which was demolished along with our compound wall.

6. I state that section 26 and 30 of the Tamil Nadu Highways Act, 2001 read as follows:

Section 26. Prevention of unauthorised occupation of highway.-(1) person shall occupy or encroach on any highway within the highway unauthorised occupation of boundaries. highway. (2) Notwithstanding anything contained in sub-section (1), the Highways authority may, with the concurrence of the Collector and with due regard to the safety aid convenience of traffic and subject to such conditions, and on payment of such rent or other charges as may be prescribed, grant permission, of a temporary nature, to any person-

(a) to make any temporary use of any highway in front of any building owned or occupied by him or make a temporary structure overhanging the highway; or (b) to put up a temporary awning or tent, pandal or other similar erection or a temporary stall or scaffolding on any highway; or(c) to deposit or cause to be deposited building materials, goods for sale or other articles on any highway for a specified period; or (d) to make a temporary excavation on any highway for carrying out any repairs or improvements to building on lands adjoining such highway:

Provided that no such permission shall be deemed to be valid beyond a period of one year, unless it is expressly renewed by the Highways authority. (3) permission granted under sub-section (2) shall clearly specify the date upto which and the purpose for which the occupation of the highway is authorised and the exact portion of the highway so permitted to be occupied, and shall also be accompanied by a plan or sketch of that

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portion of the highway. A copy of such permission shall be communicated to the Collector for the purpose of record. (4) The person in whose favour such permission has been given shall produce the permit for inspection whenever called upon to do so by the Highways authority, or any officer authorised by it in that behalf and shall, at the end of the period specified in the permit, vacate the portion of the highway occupied by him, after restoring it to the same state as it originally stood before the occupation by him. (5) The Highways authority shall maintain a complete record of all such permissions granted, and shall also cause an inspection to be made in every case at the expiration of the period upto which such occupation has been permitted, to ensure that the portion of the highway has actually been vacated. (6) The permission granted under sub-section (2) shall be in such form and subject to such conditions as may be prescribed.

Section 30.Restoration of property to original state where it is dealt with in contravention of section 9.- (1) Where any person has erected any building or made or extended any excavation or carried out any mining or other operation or made any material change in the use of land, or constructed, formed or laid out any work of means of access or any other acts in contravention of section 9 or in contravention of any of the terms and conditions of the permission granted under sub-section (2) of section 26, the ‘Highways authority may, by order, require such person to restore the land or building to its original condition or to bring the land or building in conformity with the terms and conditions specified in such permission, within such period as may be specified in the order. (2) If such person fails to comply with such order within the period specified in the order, the Highways authority may itself take such measures as appear to it

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to be necessary to give effect to the order and recover the cost thereof from such person as an arrear of land revenue.

6. I state that this Hon’ble court in W.P.No.17768 of 2016 by an order dated 02.04.2019 (reported in CDJ 2019 MHC 2150) made clear that erection of all unauthorized flagpoles would amount to encroachment of public land and directed the administration to initiate appropriate action against such illegality.

7. I state that by applying above provisions the 4th respondent have no authority or right over the above property to put up any structure or install post in the possession belonging to the Highways Department. Hence, I made a representation to the 2nd respondent on 02.02.2021 requesting to take action and remove the encroachment. However, no action was taken by the respondents to remove the unauthorized construction made on the possession belonging to the Highways Department.

8. I state that the 4th respondent and his henchmen are threatening me not to take any steps to remove the structure made by him. Thus our life is in danger under the hands of the 4th respondent. I state that there are memorials of Shri.M.G.Ramachandran, Sathiyabama Amma and Samathi of Janaki Ammalwhich are situated within our premises. We are living peacefully in our possession. The 4th respondent is misusing our legal possession of the above property for his political gain as well as political platform. Hence, he will go to any extend to satisfy his political party leaders and thus our life is in danger. If it permitted, then all other political parties will indulge in similar activities to project their political parties. Unless the police protection is provided to me and my family and also to our property, we will be put to great loss and hardship.

7. I state that I have no other alternative remedy except to invoke the jurisdiction of this Hon’ble Court under Article 226 of

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the Constitution of India for an issuance of a writ. I state that I have not filed any other writ petition for the same relief.

In view of common cause of action we joined together and have filed the above single writ petition.

In the interest of justice, it is prayed that this Hon’ble Court may be pleased to permit the petitioners join together and to file a single writ petition and pass such further or other orders and thus render justice.

In the interest of justice, it is prayed that this Hon’ble Court may be pleased to provide police protection to the petitioner and her family members and also to their residence at No.3/157, Mount Poonamallee Road, MGR Gardens, Ramapuram, Chennai – 600 089 pending disposal of the above writ petition and pass such further or other orders and thus render justice.

In such circumstance, it is prayed that this Hon’ble Court may be pleased to issue a writ of Mandamus or order or direction directing the respondents 1 to 3 to remove the unauthorized construction of the 4th respondent and his men and made on the platform belongs to the 3rd respondent at Mount Poonamallee Road, MGR Gardens, Ramapuram, Chennai – 600 089in front of the front gate of the petitioner’s premises situated at No.3/157, Mount Poonamallee Road, MGR Gardens, Ramapuram, Chennai – 600 089 and pass such further or other orders and thus render justice.

Solemnly affirmed at Chennai, X
this the 03rdday of February X BEFORE ME,
2021 and signed her name in X
my presence. X
ADVOCATE : CHENNAI.

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