Mr.K.Gnanaprakasam v. The Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Date : 21-04-2015
CORAM
The Honourable Mr. Justice SATISH K. AGNIHOTRI and The Honourable Mr. Justice M. VENUGOPAL W.P.No.11486 of 2015 and M.P.No.1 of 2015
1. Mr.K.Gnanaprakasam S/o.Kitherimuthu No.23 Amman Koil Street M.H.Colony Aminjikarai Chennai-29.
... Petitioner Vs
1. The Commissioner Corporation of Chennai Rippon Building Chennai.
2. The Engineer in Chief Public Works Department Chepauk Chennai-5.
3. The Executive Engineer Water Resources Department Public Works Department Special Scheme Zone III & Sub Zone 1 & II Chepauk Chennai-5.
... Respondents Petition under Article 226 of the Constitution of India praying for a writ of mandamus forbearing the respondents from interfering with the petitioner residential premises bearing No.23, Amman Koil Street, M.H.Colony Aminjikarai, Chennai-29 without any authority of law unless the petitioner representation dated 1.4.2015 is disposed of in accordance with law For petitioner :
Mr. S. Anburaja For R1 :
Mr. G. Anantharangan, Standing Counsel For RR 2 & 3 :
Mr. P.S. Sivashanmugasundaram Special Government Pleader
ORDER
(Order of the Court is made by SATISH K. AGNIHOTRI,J.) Mr. G. Anantharangan, learned Standing Counsel, takes notice for the first respondent. Mr.P.S. Sivashanmugasundaram, learned Special Government Pleader, takes notice for the respondent Nos.2 and 3. With consent, the writ petition is taken up for final disposal at the admission stage itself.
2.
The petitioner is stated to be residing at No.23, Amman Koil Street, M.H.Colony Aminjikarai, Chennai-29. The grievance of the petitioner is that the authorities, without any notice, came forward asking him to remove his premises as the same falls within the protection area of the river channel. The petitioner has made a representation on 01-04-2015 pointing out that his premises is far away from the water channel of Koovam river. The other persons have already been permitted to continue. Thus, an opportunity be afforded to him to put forward his case before the authorities before an action is taken by them for removal of the premises. 3.
Mr. P.S. Shivashanmugha Sundaram, learned Special Government Pleader appearing for the second and third respondents submits that the said representation shall be considered in accordance with law and on its own merits, after affording an opportunity of personal hearing to the petitioner and an appropriate order will be passed within a period of one week.
4.
In such view of the matter, nothing survives for adjudication. The writ petition is disposed of. It is needless to state that before passing an order on the representation dated 01-042015, no steps shall be taken to remove the petitioner from the property, in question. No costs. The connected miscellaneous petition is also closed.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar glp
To
1. The Commissioner Corporation of Chennai Rippon Building Chennai.
2. The Engineer in Chief Public Works Department Chepauk Chennai-5.
3. The Executive Engineer Water Resources Department Public Works Department Special Scheme Zone III & Sub Zone 1 & II Chepauk Chennai-5.
+1cc to Mr.G.Anantharangan, Advocate, S.R.No.21554 +1cc to Mr.S.Anburaja, Advocate, S.R.No.21605 +1cc to the Government Pleader, S.R.No.22096 W.P.No.11486 of 2015 and M.P.No.1 of 2015 SKV(CO) CA(30/04/2015)