Minor C.Nikitha v. The Commissioner Corporation

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.04.2015

CORAM:

THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE M.VENUGOPAL W.P. No.10919 of 2015 and M.P.No.1 of 2015 Minor C.Nikitha rep. By her mother and natural guardian Anandhi ... Petitioner vs.

1. The Commissioner, Corporation of Chennai, Chennai.

2. Executive Engineer, Zone 4 (Old Zone 1), Corporation of Chennai, No.266, T.H.Road, Old Washermenpet, Chennai - 21.

... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus to call for the records on the file of the second respondent in proceedings No.A4/Na.Ka.No.B1/5726/2012 dated 08.01.2015 and quash the same and direct the respondent to consider the representation dated 10.03.2014 pursuant to the direction of this Court made in W.P.No.28729 of 2014. For Petitioner :

Ms.Sudharshana Sundar For Respondents :

Ms.Karthikaa Ashok https://hcservices.ecourts.gov.in/hcservices/

ORDER

(Order of the Court was made by SATISH K. AGNIHOTRI, J.) The petitioner has come up with the writ petition seeking to quash the proceedings of the second respondent in No.A4/Na.Ka.No.B1/5726/2012 dated 08.01.2015 and direct the respondents to consider the representation dated 10.03.2014 pursuant to the direction of this Court made in W.P.No.28729 of 2014. 2.We are informed that against the notice dated 25.09.2014, a writ petition in W.P.No.28729 of 2014 was filed by the present petitioner and the same was dismissed on the ground of availability of alternative statutory remedy. Thereafter, an appeal was preferred by the petitioner, which is pending consideration before the appellate authority. The petitioner has come up with the instant petition seeking to quash the proceedings dated 08.01.2015.

Since the matter is pending consideration before the appellate authority, we are not inclined to interfere at this stage. However, the appellate authority, who is not a party before us, is expected to consider and dispose of the appeal within a reasonable time. 3.With the above observation, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

1. The Commissioner, Corporation of Chennai, Chennai.

2. The Executive Engineer, Zone 4 (Old Zone 1), Corporation of Chennai, No.266, T.H.Road, Old Washermenpet, Chennai - 21.

+1cc to Ms.Karthikaa Ashok, Advocate, S.R.No.24312 +2cc's to Ms.Sudharshana Sundar, Advocate, S.R.No.24302 & 20663 W.P. No.10919 of 2015 SAI(CO) and M.P.No.1 of 2015 CA(25/05/2015) https://hcservices.ecourts.gov.in/hcservices/