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Madras High CourtWP/7536/2018dismissed as infructuous

East Kamaraj Nagar (North) v. Zonal Officer-Zone Xiii

2018-04-02Honourable Mr Justice K. Kalyanasundaram3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.04.2018

CORAM

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM WP.No.7536 of 2018 East Kamaraj Nagar (North) Residents Welfare Association, Thiruvanmiyur, Chennai - 600 041.

Reg.No.186/2009, Rep. By its Secretary M.N.Mahendar

...Petitioner

Vs.

1. Zonal Officer - Zone XIII Corporation of Chennai, LB Road, Adyar, Chennai - 600 020.

2. Executive Engineer - I, Zone XIII, Corporation of Chennai, LB Road, Adyar, Chennai - 600 020.

3. Deputy Commissioner (Roads), Corporation of Chennai, Rippon Building, Chennai - 600 003.

4. Commissioner, Corporation of Chennai, Rippon Building, Chennai - 600 003.

...Respondents

PRAYER:

Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the 1st and 2nd respondents to consider the representation of the petitioner dated 12.03.2018 and consequently to direct the respondents to stop re-laying of tar roads on top of the existing roads in East Kamaraj Nagar, Thiruvanmiyur.

For Petitioner : M/s.Kaushik N.Sharma For Respondents : Mr.T.C.Gopalakrishnan, Standing Counsel for Chennai Corporation

ORDER

Mr.T.C.Gopalakrishnan, learned Standing Counsel takes notice on behalf of the respondents. By consent, the Writ Petition is taken up for final hearing at the admission stage itself.

2. The prayer in the Writ Petition is for issuance of a Writ of Mandamus to direct the respondents 1 and 2 to consider the representation of the petitioner dated 12.03.2018 and consequently direct the respondents to stop re-laying of tar roads on top of the existing roads in East Kamaraj Nagar, Thiruvanmiyur.

3. The learned counsel for the petitioner as well as the learned Standing Counsel for the respondents submitted that the Assistant Executive Engineer, Unit 38, Zone 13, Greater Chennai Corporation, has given a reply to the representation of the petitioner dated 12.03.2018, stating that they have no proposal to re-lay road at present in the said place and the prayer sought for in this Writ Petition has become infructuous.

4. Recording the above submissions, the Writ Petition is dismissed as having become infructuous. No costs. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar pvs To

1. Zonal Officer - Zone XIII Corporation of Chennai, LB Road, Adyar, Chennai - 600 020.

2. Executive Engineer - I, Zone XIII, Corporation of Chennai, LB Road, Adyar, Chennai - 600 020.

3. Deputy Commissioner (Roads), Corporation of Chennai, Rippon Building, Chennai - 600 003.

4. Commissioner, Corporation of Chennai, Rippon Building, Chennai - 600 003.

+1 cc to Mr.T.C.Gopalakrishnan Advocate sr 24249 WP.No.7536 of 2018 lrs(co) aa18/04/2018