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Madras High CourtWP/5470/2018disposed of

K.Samad, S/O.K.Kafur v. The Commissioner

2018-03-12Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.03.2018

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.5470 of 2018 K.Samad S/o.K.Kafur .. Petitioner Vs.

1.The Commissioner Tambaram Municipality (Public Health Department) 28, Muthurangamudali Street, Tambaram West, Chennai-600 045.

2.The Commissioner The Commissionerate of Municipality Administration Ezhilagam, Chepauk, Chennai-600 005.

3.The Assistant Division Engineer State Highways Department Opposite to Velachery Railway Station Velacherry, Chennai-600 042.

4.The Superintending Engineer (Highway) The Appellate Authority Government of Tamil Nadu Highway Department No.485, MTB Building, Anna Salai, Nandanam, Chennai-600 035.

5.The Divisional Engineer (High Way) The State High Way Department Kanchipuram.

6.The Revenue Inspector Individual Administrative Circle Office Town Land Tax Plan, Tambaram Town Vishnu Nagar Main Road, Vishnu Nagar, Tambaram Krishna Nagar, Chennai-600 045.

7.The Thasildar Mandalay Revenue Office GST Road, Tambaram Sanatorium Chennai-600 045.

... Respondents

Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the 3rd respondent to consider the representation dated 13.02.2018 submitted by the petitioner not to occupy or extend to petitioner's property in relation to Concrete Sewerage Channel repair work progressing in front of the petitioner's property in Survey Nos.122/1A, 1B, West Tambaram, in Mudichur Road and to continue the work as per the available sketch with the respondents.

For Petitioner: Mrs.P.Uma For Respondents: Mr.R.Govindasamy Special Government Pleader

O R D E R

Mr.R.Govindasamy, learned Special Government Pleader takes notice for the respondents. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.

2. This writ petition is filed seeking for a direction to the third respondent to consider the petitioner's representation dated 13.02.2018, wherein and whereby, he requested the authorities not to encroach upon his private property, while constructing concrete sewerage channel repair work in front of the petitioner's property situated at S.Nos.122/1A, 1B, West Tambaram, Mudichur Road, Chennai.

3. The learned Special Government Pleader, who takes notice for the respondents, based on instructions, submitted that the construction is being done only in the public property and not as alleged or apprehended by the petitioner. However, he submitted that the representation of the petitioner will be considered and appropriate information will be given to the petitioner, accordingly.

4. Recording the above said submission made by the learned Special Government Pleader, this writ petition is disposed of, by directing the third respondent to look into the grievance of the petitioner and pass orders on the same within a period of two weeks from the date of receipt of a copy of this order. No costs.

s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar mk

To 1.The Commissioner Tambaram Municipality (Public Health Department) 28, Muthurangamudali Street, Tambaram West, Chennai-600 045.

2.The Commissioner The Commissionerate of Municipality Administration Ezhilagam, Chepauk, Chennai-600 005.

3.The Assistant Division Engineer State Highways Department Opposite to Velachery Railway Station Velacherry, Chennai-600 042.

4.The Superintending Engineer (Highway) The Appellate Authority Government of Tamil Nadu Highway Department No.485, MTB Building, Anna Salai, Nandanam, Chennai-600 035.

5.The Divisional Engineer (High Way) The State High Way Department Kanchipuram.

6.The Revenue Inspector Individual Administrative Circle Office Town Land Tax Plan, Tambaram Town Vishnu Nagar Main Road, Vishnu Nagar, Tambaram Krishna Nagar, Chennai-600 045.

7.The Thasildar Mandalay Revenue Office GST Road, Tambaram Sanatorium Chennai-600 045.

+1 CC to Mrs.P.Uma, Advocate sr 18584.

+1 CC to The Govt. Pleader sr 18832.

W.P.No.5470 of 2018 BR(CO) GSP(23/03/2018)