Mr.V.S.Rajendran, v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 11.04.2016

CORAM

THE HON'BLE MR.JUSTICE T.S.SIVAGNANAM WRIT PETITION NO.13271 OF 2016 V.S.Rajendran

...Petitioner

Vs.

1.

The Commissioner, Corporation of Madras, Chennai - 600 002.

2.

The Assistant Commissioner, Corporation of Madras, Zone III, Madhavaram, Chennai - 600 060.

3.

The Assistant Engineer, Corporation of Madras, Ward No.28, Unit No.7, Zone III, Madhavaram, Chennai - 600 060. ...Respondents Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, directing the respondents to dispose of his representations, dated 14.03.2015 and 22.09.2015.

For Petitioner : Mr.I.Abrar MD Abdullah For Respondents : Mr.P.V.Selvakumar Standing Counsel

O R D E R

Heard Mr.I.Abrar MD Abdullah, learned counsel appearing for the petitioner and Mr.P.V.Selvakumar, the learned Standing Counsel, accepting notice for respondents. With the consent of parties, the main Writ Petition is taken up for final disposal at the stage of admission.

2.

The petitioner has filed this Writ Petition for issuance of Writ of Mandamus to direct the respondents to dispose of his representations, dated 14.03.2015 and 22.09.2015. 3.

The case of the petitioner is that the road was promoted by his father, and major extent of the land was given for open space and formation of roads, and the layout was an https://hcservices.ecourts.gov.in/hcservices/

approved layout by the then Madhavaram Panchayat. Now, the area in question has fallen within the jurisdiction of Corporation of Greater Chennai. The petitioner is aggrieved, because, the roads, which were named in his father's name V.S.Mani Naicker have now been renamed as "Ganapathy Nagar Road" and "Bank Colony Main Road". This action of the respondent/Corporation is opposed by the petitioner by stating that the name of the road cannot be changed unilaterally, when all the documents contain the said name. In this regard, representations have been submitted to the respondents, and since no action has been taken, the petitioner is before this Court.

4.

Considering the scope of the relief, sought for by the petitioner, this Court, without going into the merits of the averments made by the petitioner, in the affidavit filed in support of this Writ Petition, issues a direction to the second respondent to consider the petitioner's representation, dated 22.09.2015, and pass orders on merits and in accordance with law, and inform the petitioner as to on what basis, such change of name of the roads has been effected. The above direction be complied with by the second respondent within a period of three weeks from the date of receipt a copy of this order. 5.

With the above direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar sd To 1.

The Commissioner, Corporation of Madras, Chennai - 600 002.

2.

The Assistant Commissioner, Corporation of Madras, Zone III, Madhavaram, Chennai - 600 060.

3.

The Assistant Engineer, Corporation of Madras, Ward No.28, Unit No.7, Zone III, Madhavaram, Chennai - 600 060.

+ 1 cc to M/s. R. Subramanaian, Advocate Sr.22631 + 1 cc to M/s. P.V. Selvakumar, Advocate SR.22626 SSK(CO) EU 13.04.16 Writ Petition No.13271 of 2016 https://hcservices.ecourts.gov.in/hcservices/