D.John Immanuel v. The Secretary To Government,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.02.2020

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Writ Petition No.4642 of 2020 D.John Immanuel S/o.Late D.G.David .... Petitioner Vs 1.The Secretary to Government, Housing and Urban Development Department, Fort St.George, Secretariat, Chennai - 600009.

2.Corporation of Chennai, represented by its Commissioner, Ripon Buildings, Chennai - 600009.

3.The Executive Engineer, Corporation of Chennai, Zone-XI, No.123, Arcot Road, Valsarawakkam, Chennai - 600087.

4.The Assistant Engineer, Corporation of Chennai, Zone-XI, Division - 148, Unit-33, Sanathi Street, Nerkundram, Chennai - 600107.

.... Respondents Writ Petition filed under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus, directing respondents 3 and 4 herein to unlock the premises bearing Municipal Door No.4, Angamuthu Salai, Periyar Nagar, Nerkundram, Chennai - 600107, based on the representation dated 06.01.2020.

For Petitioner :

Mr.A.Gunaseelan For Respondents:

Mr.K.S.Suresh Government Advocate [R1] Mr.K.Raja Shrinivas [R2 to R4] *****

O R D E R

[Order of the Court was made by R.SUBBIAH, J] The present Writ Petition has been filed seeking issuance of a Writ of Mandamus, directing respondents 3 and 4 herein to unlock the premises bearing Municipal Door No.4, Angamuthu Salai, Periyar Nagar, Nerkundram, Chennai - 600107, based on the representation dated 06.01.2020.

2. Heard learned counsel for petitioner, learned Government Advocate appearing for first respondent and learned standing counsel appearing for respondents 2 to 4/Corporation of Chennai.

3. Learned standing counsel for respondents 2 to 4/Corporation of Chennai submits that Corporation of Chennai is not the competent authority to unlock the subject premises and the first respondent is the competent authority to deal with the matter.

4. Considering the said submission, this Court directs petitioner to submit a fresh representation to first respondent along with a copy of this order within a period of two weeks from the date of receipt of this order and on receipt of the said representation, first respondent shall consider the same and pass appropriate orders on merits and in accordance with law within a period of two weeks thereafter. The Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS vi) //True Copy// Sub Assistant Registrar gm To 1.The Secretary to Government, Housing and Urban Development Department, Fort St.George, Secretariat, Chennai - 600009.

2.The Corporation of Chennai, represented by its Commissioner, Ripon Buildings, Chennai - 600009.

3.The Executive Engineer, Corporation of Chennai, Zone-XI, No.123, Arcot Road, Valsarawakkam, Chennai - 600087.

4.The Assistant Engineer, Corporation of Chennai, Zone-XI, Division - 148, Unit-33, Sanathi Street, Nerkundram, Chennai - 600107.

+1cc to Mr.K.Raja Shrinivas , Advocate SR.No. 17858 +1cc to Mr.A.Gunaseelan , Advocate SR.No. 17055 +1 cc to Government Pleader Sr.No. 18211 Writ Petition No.4642 of 2020 A.SK(05/03/2020)