Madras High CourtWP/6406/2017disposed of

Mrs.Shayestha Fathima, v. The Commissioner,

2017-04-03Honourable The Acting Chief Justice,Honourable Mr Justice Rmt. Teekaa Raman4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.04.2017

CORAM

THE HON'BLE MR.HULUVADI G.RAMESH, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE RMT.TEEKAA RAMAN W.P.No.6406 of 2017 Shayestha Fathima .. Petitioner Vs.

1 The Commissioner Rippon Buildings EVR Salai, Periamet, Chennai 600 003 2 The Regional Deputy Commissioner (Central) Door No. 36-B 2nd Cross Street Pulla Avenue, Shenoy Nagar, Chennai 600 030 3 The Superintending Engineer The Regional Deputy Commissioner Office (Central) Door No.36-B 2nd Cross Street Pulla Avenue, Shenoy Nagar, Chennai 600 030 4 The Executive Engineer Zone-IX, Corporation of Chennai, No.1 Lake Area, 4th Cross Street, Nungambakkam Chennai 600 034.

5 The Assistant Executive Engineer Zone-IX Division No. 114 No.2 Dr. Besant Road Chennai 600 005

6 The Junior Engineer Zone-IX Division No.144 Arunachalam Street Chepauk, Chennai 600 005 7 The Member Secretary Chennai Metroplitan Development Authority No.1 Gandhi Irvin Road Egmore, Chennai 600 008 8 M/s.K.M.Foundation Rep. by Proprietor K.Mahaboobjan Plot No. 14 TNEB Colony Menambedu Village, Ambattur Municipality Chennai 600 053 9 Ishrath Jahan 10 Fazeelath Jehan 11 A.Jameel Ahmed 12 A.Noor Jehan 13 A.Ishrath Jehan 14 A.Shakeel Ahmed 15 A. Nusrath Jehan .. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the respondents 1 to 7 to consider the petitioner's representation dated 07.11.2016 to initiate action against the unauthorised construction made by the 8th and 9th respondents in the property bearing Door No.45, Vllaba Agraharam Street, Triplicane, Chennai - 600 005 measuring an extent of 5792 sft., comprised in R.S.No.525 of Triplicane Village.

For Petitioner : Mr.T.Velumani For Respondents : Mr.K.Nagarajan for respondents 1 to 6 Mr.K.Rajasrinivas for 7th respondent

ORDER

(Order of the Court was made by the Acting Chief Justice) This writ petition has been filed seeking for issuance of a writ of mandamus directing the respondents 1 to 7 to consider the petitioner's representation dated 07.11.2016 and to initiate action against the unauthorised construction made by the 8th and 9th respondents in the property bearing Door No.45, Vllaba Agraharam Street, Triplicane, Chennai - 600 005 measuring an extent of 5792 sft., comprised in R.S.No.525 of Triplicane Village.

2. Heard the learned counsel for the petitioner and the learned counsel for respondents 1 to 6 and 7.

3. It is the case of the petitioner that respondent No.8 has put an unauthorised construction of two flats in the ground floor and six flats in the third floor of building in Door No.5, Vallaba Agraharam Street, Triplicane, Chennai. On 07.11.2016, the petitioner sent representation to the respondent authorities requesting them to take action against the unauthorised construction. Despite receipt of the said representation, the respondent authorities have not taken any action. Hence, the petitioner has filed the writ petition seeking the relief stated supra.

4. The learned counsel appearing for respondents 1 to 6 and 7 jointly submit that action being taken against the building in question by issuing lock and seal notice.

5. In view of the submission made by the learned counsel for the respondents, without going into merits and demerits of the matter, we direct the respondent authorities to proceed with the matter in accordance with law and conclude the proceedings as expeditiously as possible.

6. The writ petition, accordingly, stands disposed of. No costs.

Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar To:

1 The Commissioner, Corporation of Chennai, Rippon Buildings, EVR Salai, Periamet, Chennai 600 003.

2 The Regional Deputy Commissioner (Central) Door No. 36-B 2nd Cross Street Pulla Avenue, Shenoy Nagar, Chennai 600 030. 3 The Superintending Engineer.

The Regional Deputy Commissioner Office (Central) Corporation of Chennai,Door No.36-B 2nd Cross Street Pulla Avenue, Shenoy Nagar, Chennai 600 030. 4 The Executive Engineer, Zone-IX, Corporation of Chennai, No.1 Lake Area, 4th Cross Street, Nungambakkam, Chennai 600 034.

5 The Assistant Executive Engineer Zone-IX Division No. 114 Corporation of Chennai, No.2 Dr. Besant Road, Chennai 600 005.

6 The Junior Engineer Zone-IX Division No.114 Arunachalam Street Chepauk, Chennai 600 005 7 The Member Secretary Chennai Metroplitan Development Authority No.1 Gandhi Irvin Road Egmore, Chennai 600 008.

+1 cc to Mr.K.Rajasrinivas,advocate,sr.19997 +1 cc to Mr.A.Nagarajan,advocate,sr.19947 +1 cc to Mr.T.Velumani,advocate,sr.19929.

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