S.Jayalakshmi, v. The Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE : 08.04.2015
CORAM
THE HONOURABLE MR. JUSTICE M. SATHYANARAYANAN W.P. No.10072 of 2015 S.Jayalakshmi ...
Petitioner Vs 1.The Commissioner, Corporation of Chennai, Ribbon Building, Chennai.
2.The Regional Joint Director of Industries & Commerce (DIC) (SIDCO) No.65/1, GST Road, Guindy, Chennai - 32.
3. The Additional Director of Industries & Commerce (DIC) No.36, South Canal Bank Road, Mandavelipakkam, R.A.Puram, Chennai - 600 028.
4. Arjunan Ravikumar ...
Respondents Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 3 to consider and pass orders on merits by disposing the written representation made by the petitioner on 11.03.2015, within a stipulated time as this court fixes.
For Petitioner :
Mr.C. Prakasam For Respondents : Mr.P.V.Selvakumar, for R1 Mr.V.P.Sengottuvel, for R2 Mr.R.Vijayakumar, for R3 Additional Government Pleader
ORDER
By consent, the writ petition is taken up for final disposal.
2. The petitioner claims that her residence is situated in a residential area at Flat No.5 and 6, Door No.2 third Main Road, Seethammal Colony, Old Door No.162, TTK Road, Alwarpet, Chennai - 600
018. She is residing in the second floor. She is aged about 75 years. She was a retired Joint Director of Department of Treasury and Account. The petitioner would further state that she is residing alone since her daughters are residing at United States of America and Bangalore.
3. It is the case of the petitioner that the fourth respondent purchased one flat for residential purpose in the apartment in which the petitioner is residing but he converted the same for commercial purposes and also mislead respondents 1 to 3 by giving wrong address as No.162/3, T.T.K.Road, Alwarpet, Chennai - 18 which is a bogus one and he has also suppressed the fact that the area is a residential area. It is further stated by the petitioner though the flat is meant for residential one and by converting material facts managed to get the license. He is intended to use for commercial purpose and he is erecting machineries and also thereby causing noise. In this regard, the petitioner submits that she sent a lawyer's notice dated 11.11.2014, followed by a detailed representation dated 11.03.2015 to the respondents and since she has not been favoured with any response and no action is being taken, came forward to file this writ petition.
4. Heard the submissions of Mr.C.Prakasam, learned counsel for the petitioner and Mr.P.V.Selvakumar, learned Standing counsel for appearing for the first respondent and Mr.V.P.Sengottuvel, learned counsel appearing for the second respondent and Mr. R.Vijayakumar, learned Additional Government Pleader who accepts notice for third respondent.
5. This Court, taking into consideration the limited scope of prayer sought for by the petitioner and without entering upon the merits of representation, directing the first respondent to consider and dispose the representation dated 11.03.2015 on merits and in accordance with law as expeditiously as possible and not later than eight weeks from the date of receipt of a copy of this order.
6. The Writ Petition is disposed of accordingly. No Costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar smi/nvi To 1.The Commissioner, Corporation of Chennai, Ribbon Building, Chennai.
2.The Regional Joint Director of Industries & Commerce (DIC) (SIDCO) No.65/1, GST Road, Guindy, Chennai - 32.
3. The Additional Director of Industries & Commerce (DIC) No.36, South Canal Bank Road, Mandavelipakkam, R.A.Puram, Chennai - 600 028.
1 cc to Mr.V.P.Sengottuvel, ,Advocate, SR.No.19545 1 cc to Mr. C. Prakasam,Advocate, SR.No.19520 W.P.No.10072 of 2015 br(co) pmk.17.4.2015