R.Chachudhanandam v. The Member Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.02.2024 CORAM :

THE HON'BLE MR. JUSTICE R.MAHADEVAN AND THE HON'BLE MR. JUSTICE MOHAMMED SHAFFIQ R.Chachudhanandam .. Petitioner Vs 1.The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natrajan Building, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008.

2.The Commissioner, Corporation of Chennai, Park Town, Chennai - 600 003.

3.The Assistant Commissioner/Zonal Officer, Zone 1, Thiruvottiyur, Chennai-600 019.

4.The Assistant Executive Engineer, Zone 1, Thiruvottiyur, Chennai-600 019.

5.Dr.Manimaran .. Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 1 to 4 to take action against the fifth respondent for unauthorised construction in Door No.171, 172, Thiruvottiyur High Road, Thiruvottiyur, Chennai-600 019 by considering the petitioner's representation dated 8.1.2024.

For the Petitioner : M/s.S.P.Meenakshi Sundharam For the Respondents : Mr.Y.Bhuvaneshkumar for respondent No.1 : Mr.D.B.R.Prabu for respondent Nos.2 to 4

ORDER

(Order of the Court was made by R.MAHADEVAN,J.) Alleging that the fifth respondent has put up an unauthorised construction in Door Nos.171 and 172, Thiruvottiyur High Road, Thiruvottiyur, Chennai-600 019, the petitioner sent a representation on 8.1.2024 to the respondent authorities. As the said representation did not evoke any response, the present writ petition is filed.

2. Learned counsel for respondents 2 to 4 submits that the representation of the petitioner dated 8.1.2024 shall be considered after providing opportunity to the petitioner and the fifth respondent and if it is found that there is any unauthorised construction, then action would be taken in accordance with law.

3. In the light of the said submission, the writ petition is disposed of with a direction to the respondent authorities to consider the representation of the petitioner dated 8.1.2024 after providing opportunity to the petitioner as well as the fifth respondent and, if it is found that an unauthorised construction has been put up by the fifth respondent, then appropriate action in accordance with law shall be undertaken. The entire exercise shall be completed by the respondent authorities within a period of eight weeks from the date of receipt of a copy of this order. There shall be no order as to costs. (R.M.D., J.) (M.S.Q., J.) 28.02.2024 Index :

No No

sasi To 1.The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natrajan Building, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008.

2.The Commissioner, Corporation of Chennai, Park Town, Chennai - 600 003.

3.The Assistant Commissioner/Zonal Officer, Zone 1, Thiruvottiyur, Chennai-600 019.

4.The Assistant Executive Engineer, Zone 1, Thiruvottiyur, Chennai-600 019.

R.MAHADEVAN,J.

AND MOHAMMED SHAFFIQ,J.

(sasi) 28.02.2024