Smt. Neela v. The Commissioner Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 22.03.2016
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.10269 of 2016 and W.M.P.No.9102 of 2016 Neela .. Petitioner
Versus
1.The Commissioner of Corporation, Corporation of Chennai, Corporation Office, Ribbon Buildings, Chennai.
2.The Assistant Commissioner / Executive Engineer, Zone-14, Corporation of Chennai, Puzuthivakkam, Chennai.
3.The Assistant Executive Engineer, Division-190, Corporation of Chennai, Pallikaranai, Chennai.
4.The Assistant Engineer, Division-190, Corporation of Chennai, Pallikaranai, Chennai.
.. Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the Respondents herein to dispose of the representation made on 10.03.2016 and forbearing the Respondents 1 to 4 from laying road in the petitioner's property comprised in survey No.151/2A2B2 and Patta and Chitta bearing No.11794 at Plot Old No.17, New No.1, Chitti Babu Nagar Extension, Pallikaranai, Chennai-100.
For Petitioner : Mr.Vimal B.Crimson For Respondents : Mr.R.V.Selvakumar
O R D E R
Heard Mr.Vimal B.Crimson, learned counsel appearing for the petitioner and Mr.R.V.Selvakumar, learned counsel appearing for the respondents, accepting notice on behalf of respondents. With the consent of the learned counsel on either side, the Writ Petition is taken up for final disposal.
2. The petitioner has filed this Writ Petition to direct the respondents to dispose of the representation dated 10.03.2016. In the representation petitioner has stated that there is an attempt made by the officials of the Corporation to form a road in his private patta land. In order to afford an opportunity to the respondents to file a counter, the matter was listed today. Today, the officials have not given any written instructions to their standing counsel.
3. In the light of the same, there will be a direction to the second respondent to consider the petitioner's representation dated 10.03.2016, and pass orders on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioner within a period of two weeks from the date of receipt of a copy of this order. 4.The learned counsel for the petitioner submitted that the road has not been formed till date. In the light of the said submission, the status quo which is prevailing as on date shall be maintained till orders are passed by the second respondent in terms of the above direction.
5.The Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. -s/dAssistant Registrar True Copy Sub-Assistant Registrar vs/kpr To 1.The Commissioner of Corporation, Corporation of Chennai, Corporation Office, Ribbon Buildings, Chennai.
2.The Assistant Commissioner / Executive Engineer, Zone-14, Corporation of Chennai, Puzuthivakkam, Chennai.
3.The Assistant Executive Engineer, Division-190, Corporation of Chennai, Pallikaranai, Chennai.
4.The Assistant Engineer, Division-190, Corporation of Chennai, Pallikaranai, Chennai.
+1 cc to Mr.P.V.Selvakumar Advocate sr.18157 W.P.No.10269 of 2016 and W.M.P.No.9102 of 2016 aa01/04/2016