M.Radhakrishnan v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 08-04-2015
CORAM:
THE HONOURABLE MR. JUSTICE SATISH K. AGNIHOTRI AND THE HONOURABLE MR. JUSTICE M. VENUGOPAL W.P.No.10163 of 2015 and M.P.No.1 of 2015 1 M.Radhakrishnan S/o.Munusamy NO.18 Rangasaee Naidu 2nd Street Perambur Sembium Chennai-11 Petitioner Vs 1 The Commissioner Corporation of Chennai Rippon Buildings Chennai 2 The Collector Office of the Collectorate Rajaji Salai Singaravelan Maaligai Chennai 3 The Tahsildar O/o.The Tahsildhar Purasalwakkam Perambur Taluk chennai 4 The Area Engineer Corporation of Chennai Zone VI Ayanavaram Chennai-23 5 The Assistant Executive Engineer Corporation of Chennai (Zone VI) Division 51 Paper Mills Road Sembium Chennai-11 6 Robert Somaramasamy Lane Somaramasamy Street Perambur Sembium Chennai-11 Respondents Writ Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents 1 to 5 to remove the unauthorized construction made by the 6th respondent which measures about 15 x 100 feet with ACS sheet between the petitioner's property in Siruvallur Village, T.S.No.131/1 & 2 S.No.33/1-A Block
No.3 and Somaramasamy Street, Sembium, Perambur, Chennai on the basis of the petitioner's representation dated 6.4.2015 For petitioner :: Mr. S.Viswanathan For respondents :: Mr. G Anantharangan for RR1, 4 & 5 Mr. I.S. Inbadurai,Spl.G.P. for RR2 & 3
ORDER
(Order of the Court was made by SATISH K. AGNIHOTRI,J.) With consent of both the parties, the writ petition is taken up for final hearing.
2.
The only relief sought for in this writ petition is a direction to the respondents to consider his representation, dated 06-04-2015 addressed to the fifth respondent and take necessary action on merits and in accordance with law.
3.
Mr. I.S. Inbadurai, learned Special Government Pleader appearing for the second and third respondents submits that if the said representation is still pending consideration, appropriate steps shall be taken in accordance with law, as early as possible. 4.
In view of the foregoing, we are not inclined to go into the merits of the case, at this stage. However, we direct the second respondent to look into the representation and take necessary steps, after affording opportunity to the defaulters and encroachers, in accordance with law and on its own merits as expeditiously as possible, preferably within a period of four weeks from the date of receipt of a copy of this order.
5.
The writ petition stands disposed of, accordingly. No costs. The connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar glp To 1 The Commissioner Corporation of Chennai Rippon Buildings Chennai 2 The Collector Office of the Collectorate Rajaji Salai Singaravelan Maaligai Chennai
3 The Tahsildar O/o.The Tahsildhar Purasalwakkam Perambur Taluk chennai 4 The Area Engineer Corporation of Chennai Zone VI Ayanavaram Chennai-23 5 The Assistant Executive Engineer Corporation of Chennai (Zone VI) Division 51 Paper Mills Road Sembium Chennai-11.
1 cc to Mr.G Anantharangan ,Advocate, SR.No.19290 1 cc to Mr.S. Srinivasan ,Advocate, SR.No.19443 1 cc to Government Pleader,Sr.No19407 W.P.No.10163 of 2015 and M.P.No.1 of 2015 SSI9CO) PMK.20.4.2015