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Madras High CourtWP/4040/2019disposed of

G.Bakkiyalakshmi v. The Commissioner

2019-02-13Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.02.2019 CORAM :

THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR W.P. No. 4040 of 2019 G.Bakkiyalakshmi

...Petitioner

1. The Commissioner, Corporation of Greater Chennai, Chennai- 600 003.

2. The Zonal Officer, 9th Zone, Dr.Ambedkar Road, Kodampakkam Corporation of Chennai, Chennai-600 024.

3. The Traffic Deputy Commissioner, Egmore, Chennai-600 008.

4. The Assistant Health Officer, 9th Zone, Dr.Ambedkar Road, Kodampakkam Corporation of Chennai, Chennai-600 024.

5. Ezhumalai (Mechanic),

6. S.Poomani .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to take action against 5th and 6th respondents and consider the representation dated 09.01.2019.

For Petitioner : Mr. Krishnasamy Chinnasamy For Respondents : Mrs.Karthika Ashok (R1 and R2) Mr.V.Shanmuga Sundar (3 and 4) Special Government Pleader

O R D E R

Heard Mr. Krishnasamy Chinnasamy, learned counsel for the petitioner, Mr.V.Shanmuga Sundar, Special Government Pleader for the respondents 3 and 4 as well as Mrs.Karthika Ashok, learned counsel for the respondents 1 and 2.

2. By consent, the writ petition itself is taken up for final hearing, in view of the limited prayer.

3. The petitioner has come up with the present writ petition praying to direct the respondents 1 to 4 to take action against 5th and 6th respondents and consider the representation dated 09.01.2019.

4. Learned counsel for the petitioner submitted that the fifth respondent is illegally running the workshop and creating nuisance to the petitioner during night hours. Therefore, the petitioner made a representation to the first respondent on 09.01.2019, seeking to redress her grievance. But no action was taken by the first respondent till date. Hence, the petitioner has come up with this writ petition.

5. Learned counsel for the respondents 1 and 2 would submit that the said representation would be considered by the first respondent on merits and in accordance with law.

6. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, the first respondent is directed to consider the representation of the petitioner dated 09.01.2019, on merits and in accordance with law, by giving reasonable opportunity to the parties concerned and pass orders within a period of twelve weeks from the date of receipt of a copy of this order.

7. The Writ Petition is disposed of, on the above terms. No costs.

arr Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar To

1. The Commissioner, Corporation of Greater Chennai, Chennai- 600 003.

2. The Zonal Officer, 9th Zone, Dr.Ambedkar Road, Kodampakkam Corporation of Chennai, Chennai-600 024.

3. The Traffic Deputy Commissioner, Egmore, Chennai-600 008.

4. The Assistant Health Officer, 9th Zone, Dr.Ambedkar Road, Kodampakkam Corporation of Chennai, Chennai-600 024.

+1cc to M/s.Karthikaa Ashok, Advocate, S.R.No.12735 +2cc to Mr.Krishnasamy, Advocate, S.R.No.13604 +1cc to the Government Pleader, S.R.No.13445 AD(CO) W.P. No. 4040 of 2019 Kak(20/03/2019)