N.Venkatesh v. The Corporation Of Chennai,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.3.2017

CORAM

THE HONOURABLE MR.HULUVADI G.RAMESH, ACTING CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN W.P.No.7611 of 2017 and W.M.P.No.8308 of 2017 N.Venkatesh Petitioner

Versus

1.The Corporation of Chennai Rep. by its Commissioner Rippon Buildings Chennai-600 003.

2.The Zonal Officer Greater Chennai Corporation Zone 13 No.115 Dr.Muthulakshmi Salai Adyar Chennai-600 020.

3.N.Kasiviswanathan Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorari calling for the records of the 2nd respondent herein dated 17.3.2017 in respect of the petitioner's premises at No.6, 6th Cross Street, Shastri Nagar, Adyar, Chennai-600 041 and quash the same.

For petitioner : Mr.AR.L.Sundaresan, Senior Counsel for Mrs.A.L.Ganthimathi For R1 and R2 : Mr.V.C.Selvasekaran

ORDER

(Order of the court was made by HULUVADI G.RAMESH, ACJ.) Heard the learned counsel appearing for the petitioner and Mr.V.C.Selvasekaran, learned counsel, who takes notice on behalf of respondents 1 and 2.

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2. The writ petition has been filed seeking issuance of a writ of certiorari calling for the records of the 2nd respondent herein dated 17.3.2017 in respect of the petitioner's premises at No.6, 6th Cross Street, Shastri Nagar, Adyar, Chennai-600 041 and quash the same.

3. The petitioner claims that the subject property originally belonged to his father A.Narayanaswami having been allotted by the Tamil Nadu Housing Board and after his demise, he has been in possession of the same. According to the petitioner, he had carried out some maintenance work in the existing building to set right the impacts of a natural calamity and whileso, on the basis of the complaint lodged by the third respondent and the order obtained by him in a writ petition filed by him, now action is sought to be initiated by issuing the impugned notice dated 17.3.2017 and hence, the present writ petition is filed.

4. According to the petitioner, the petitioner has replied to the notice in the meanwhile and he had moved the authorities for clearance of the plan approval.

5. Therefore, it is for the respondent authority to do the needful, within a period of one month from the date of receipt of a copy of this order. Till then, no coercive steps shall be taken against the petitioner. The writ petition is disposed of accordingly. No costs. The connected miscellaneous petition is closed.

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

1.The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai-600 003.

2.The Zonal Officer, Greater Chennai Corporation , Zone 13 No.115 Dr.Muthulakshmi Salai , Adyar Chennai-600 020.

+1cc to M/S. Ganthimathi, Advocate Sr. 4327 W.P.No.7611 of 2017 VR(03/04/2017) https://hcservices.ecourts.gov.in/hcservices/