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Madras High CourtWP/556/2017dismissed

Mrs.Dhanam, v. The Commissioner

2017-01-09Honourable The Chief Justice,Honourable Mr Justice M. Sundar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.01.2017 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.SUNDAR W.P.No.556 of 2017 Dhanam ... Petitioner -Vs1. The Commissioner, Corporation of Chennai, Rippon Building, Poonamallee High Road, Chennai-600 003.

2. The Member Secretary, CMDA, Thalamuthu Nadarasan Malikai, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008.

3. The Chairman, The Town Planning Committee, Chennai.

4. Zonal Officer Zone 6, Chennai Corporation, No.5 Anderson Salai Aynvaram, Chennai-600 023.

5. H.Babulal

6. H.Harish Kumar

7. H.Kailash ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct respondents from 1 to 4 to take appropriate action upon the illegal construction which is carried on by 5 to 7 respondents pursuant to the petitioner's representation dated 27.07.2016.

For Petitioner :

Mr.T.Thirumoorthy For Respondents :

Mr.V.C.Selvasekaran for R1 & R4 Mr.K.Rajasrinivas for R2 Mr.R.Vijayakumar Additional Government Pleader for R3

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) The petitioner alleges unauthorised construction against respondent Nos.5 to 7 and seeks to file the public interest litigation as a political activist. There is nothing shown as to why the petitioner has any specific interest in this field, nor that unauthorised construction is anywhere near the residence of the petitioner.

2. We are not inclined to entertain this petition, as there is no reason why of all the unauthorisedly constructed properties, the petitioner has chosen this one for his attention.

3. The writ petition is dismissed. No costs.

4. We, however, make it clear that this will not preclude the authorities from taking action, if there is an unauthorised construction found.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar bbr To

1. The Commissioner, Corporation of Chennai, Rippon Building, Poonamallee High Road, Chennai-600 003.

2. The Member Secretary, CMDA, Thalamuthu Nadarasan Malikai, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008.

3. The Chairman, The Town Planning Committee, Chennai.

4. The Zonal Officer Zone 6, Chennai Corporation, No.5 Anderson Salai Aynvaram, Chennai-600 023.

+1cc to Mr.R.Thirumoorthy, Advocate, S.R.No.2576 +1cc to the Government Pleader, S.R.No.2095 W.P.No.556 of 2017 GJ II(CO) CA(19/01/2017)