P.Saravana Kumar v. The Member Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 26.02.2024
CORAM
THE HON'BLE Mr. JUSTICE R. MAHADEVAN AND THE HON'BLE Mr. JUSTICE MOHAMMED SHAFFIQ P.Saravana Kumar .. Petitioner Vs.
1.The Member Secretary Housing and Urban Development Department Secretariat Chennai 600 009 2.The Member Secretary CMDA, Thalamuthu Natarajan Building No.1, Gandhi Irwin Road Egmore Chennai 600 008 3.The Chairman TANGEDCO Anna Salai Chennai 600 002 4.The Managing Director CMWSSB No.1, Pumping Station Road Chintadripet Chennai 600 002 1/5
5.Rainbow Foundation Ltd.
Rep. by Gajraj Jain Door No.141,143,145,147,149 Zone-VII Choolai High Road Chennai 600 112 .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the 2nd respondent to consider the representation dated 25.11.2023.
For Petitioner : Mr.R.Pavithra For R1 : Mr.C.Kathiravan Special Government Pleader
ORDER
(Order of the court was made by R. MAHADEVAN, J.) Seeking a mandamus to the 2nd respondent to dispose of the petitioner's representation dated 25.11.2023, this writ petition has been filed.
2. According to the petitioner, he is residing in the address at No.99/52, Angalamman Koil Street, Choolai, Chennai 600 007 for several years and in the same area, the 5th respondent is constructing an apartment in new door Nos.141, 143, 145, 147 and 149 comprising of ground floor + 4 floors, without following 2/5
the necessary guidelines. Therefore, the petitioner submitted an application under the RTI Act, 2005, on 13.10.2022 seeking information regarding the said construction, for which, he received a reply on 25.11.2022. It came to light from the said reply, that the 5th respondent was granted approval only for constructing four floors, but they are proceeding to construct 5th floor and there is no set back, as per the guidelines. Hence, the petitioner submitted a representation dated 25.11.2023 to the official respondents for taking necessary action against the unauthorised construction and the same is pending without any consideration, till date. Finding no other option, the petitioner has come up with this writ petition seeking the aforesaid relief.
3. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader, taking notice for the 1st respondent and also perused the documents enclosed in the typed set of papers.
4. Considering the limited nature of the relief sought herein, this Court, without going into the merits of the case, directs the respondent authorities to consider the petitioner's representation dated 25.11.2023, if not considered earlier and pass appropriate orders, on merits and in accordance with law, after affording an opportunity of hearing to the petitioner, fifth respondent and any 3/5
other interested parties, within a period of eight weeks from the date of receipt of a copy of this order.
5. With the aforesaid direction, this writ petition stands disposed of. No costs.
[R.M.D,J.] [M.S.Q, J.] 26.02.2024 gya To 1.The Member Secretary Housing and Urban Development Department Secretariat, Chennai 600 009 2.The Member Secretary CMDA, Thalamuthu Natarajan Building No.1, Gandhi Irwin Road Egmore, Chennai 600 008 3.The Chairman TANGEDCO Anna Salai, Chennai 600 002 4.The Managing Director CMWSSB No.1, Pumping Station Road Chintadripet, Chennai 600 002 4/5
R. MAHADEVAN, J.
AND MOHAMMED SHAFFIQ, J.
gya 26.02.2024 5/5