Lion. G.Devarajan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.08.2024

CORAM:

THE HON'BLE MR.D.KRISHNAKUMAR ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.B.BALAJI W.P.No.1731 of 2023 Lion G.Devarajan ... Petitioner-in-Person -vs1. The District Collector, 62, Rajaji Salai, Fourth Floor, Chennai-1.

2. The Commissioner, Greater Corporation of Chennai, Ripon Building, Chennai-600 003.

3. The Zonal Officer/Executive Engineer (Zone 6), Greater Corporation of Chennai, No.158, Strahans Road, Otteri, Chennai-600 012.

4. The Assistant Engineer (Old Ward 68) New Ward 67, Greater Corporation of Chennai, Paper Mills Road, Chennai-600 011.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus that based on the petitioner representations dated 21.05.2021, 28.09.2022 and 30.12.2022, this petition may be considered that the respondents 1 to 4 may be directed to Building Renewal / Streamlining / reconstruct the Chennai 1/6

Corporation Community Function Hall at Zone 6 (Old Ward 68) New Ward 67 Division 16 Jai Beem Nagar 1st Street, Sembium, Chennai 11. For Petitioner :

Mr.G.Devarajan, Party-in-Person For R2 to R4 :

Mr.J.Ravindran Addl. Advocate General Assisted by Mr.A.Arun Babu Standing Counsel for Corporation For R1 :

Mrs.R.Anitta Spl. Govt. Pleader W.P.No.6044 of 2023

1. K.Shankar

2. Noorullah

3. B.Karthick

4. S.Anbumani ... Petitioners -vs1. The Commissioner, Greater Corporation of Chennai, Ripon Building, Chennai-600 003.

2. The Zonal Officer / Executive Engineer (Zone 6) Greater Corporation of Chennai, No.158, Strahans Road, Otteri, Chennai-600 012.

3. The Assistant Engineer Old Ward 68 - New Ward 67, Greater Corporation of Chennai, Paper Mills Road, Chennai-600 011.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing 1 to 3 respondents to consider and thereby disposing the representations made by the petitioner on 13.12.2022, 09.02.2023 and 10.02.2023 to renovate the Chennai Corporation Community Function Hall at Chennai District, 2/6

Sembium Village, Chennai Corporation Old Ward 68, New Ward 67, Zone 6, Block No.18, Survey No.118, Sembium, Jai Bhim Nagar, measuring to an extent of 436 Sq.Mtrs.

For Petitioner :

Mr.K.Yuvaraj For R2 to R4 :

Mr.J.Ravindran Addl. Advocate General Assisted by Mr.N.R.Rameshkanna Standing Counsel for Corporation ***** C O M M O N O R D E R (By the Hon'ble Acting Chief Justice) These Writ Petitions have been filed with a common cause, namely, renovation of the Chennai Corporation Community Function Hall, situated at Sembium Village, Chennai Corporation Old Ward 68, New Ward 67, Zone 6, Block No.18, Survey No.118, Sembium, Jai Bhim Nagar. Both petitions are taken up together for common disposal.

2. It is the case of the Party-in-Person that the Chennai Corporation Community Function Hall was inaugurated on 16.05.2000 and the same was subsequently renovated and put into use on 25.07.2018. It is the grievance of the Partyin-Person that since the said Hall is in a dilapidated condition, he had sent several representations, the last one of which was dated 28.09.2022 for repair of the same. 3/6

Pursuant to the inaction on the part of the Corporation Officials, he is before this Court, seeking for the above direction.

3. It is seen that reiterating the very same relief, one more Writ Petition has been filed for a direction to consider his representation dated 10.02.2023 lastly.

4. Learned Additional Advocate General appearing for the Chennai Corporation stated before this Court that the Commissioner, Greater Corporation of Chennai is the competent authority to look into the issue on hand and a reasonable time may be granted to him for considering and passing appropriate orders on the representations of the petitioners.

5. Considering the facts and circumstances of the case and also taking into account the limited scope of the relief sought for by the petitioners, this Court, without expressing any opinion on the merits of the matter, directs the Commissioner, Greater Corporation of Chennai to consider the representations dated 30.12.2022 and 10.02.2023 of the respective petitioners and pass appropriate orders thereon on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioners and other interested parties, if any.

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6. With the above direction, these Writ Petitions are disposed of. No costs. [D.K.K.,ACJ.] [P.B.B,J.] 08.08.2024 Index: Yes / No Internet: Yes / No Speaking Order/Non Speaking Order ar To:

The District Collector, 62, Rajaji Salai, Fourth Floor, Chennai-1.

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HON'BLE ACTING CHIEF JUSTICE, AND P.B.BALAJI,J., ar 08.08.2024 6/6