A.Subramaniyan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.06.2017

CORAM

THE HON'BLE MS. INDIRA BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.SUNDAR W.P.No.11337 of 2017 and W.M.P.No.12277 of 2017 A.Subramaniyan ... Petitioner Vs.

1 The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai.

2 The Assistant Engineer, Zone-8 (Anna Nagar) Corporation of Chennai, Door No.36B, 2nd Cross Street, Pulla Avenue, Shenoy Nagar, Chennai - 600 030.

3 The Executive Engineer, Zone-8 (Anna Nagar) Corporation of Chennai, Door No.36B, 2nd Cross Street, Pulla Avenue, Shenoy Nagar, Chennai - 600 030.

4 Justin ... Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the 1st respondent to consider the petitioner's representation dated 18.04.2017 and consequently direct the 1st respondent to issue notice to the 4th respondent, conduct enquiry and demolish the encroached, illegal and deviated construction made by the 4th respodent in respect of Plot No.267, Door No.82, Kamarajar Street, 2nd Lane, Thiruvallur Nagar, Ayanavaram, Chennai.

For Petitioner : Mr.M.Aswin For Respondents : Mr.A.Nagarajan

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) This writ petition has been filed by the petitioner seeking a writ of mandamus directing the first respondent to consider the representation of the petitioner dated 18.04.2017 and consequently direct the first respondent to demolish the encroached, illegal and deviated construction made by the fourth respondent in Plot No.267, Door No.82, Kamarajar Street, Second Lane, Thiruvallur Nagar, Ayanavaram, Chennai.

2. Mr.A.Nagarajan, learned counsel accepts notice for respondents 1 to 3.

3. The fourth respondent is a private respondent, who is alleged to have put up illegal construction.

4. The office of the third respondent shall cause an inspection of the premises in question i.e., Plot No.267, Door No.82, Kamarajar Street, Second Lane, Thiruvallur Nagar, Ayanavaram, Chennai to be made within a fortnight from the date of receipt of copy of this order and if the construction of fourth respondent is found to be in violation of the sanctioned plan or if it is unauthorized in any other manner, the third respondent shall take action in accordance with law, after giving notice to all concerned, particularly the fourth respondent before us, and conclude the proceedings within a period of two months thereafter.

5. The writ petition, accordingly, stands disposed of. No costs. Consequently, W.M.P.No.12277 of 2017 is closed. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar

bbr To:

1 The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai.

2 The Assistant Engineer, Zone-8 (Anna Nagar) Corporation of Chennai, Door No.36B, 2nd Cross Street, Pulla Avenue, Shenoy Nagar, Chennai - 600 030.

3 The Executive Engineer, Zone-8 (Anna Nagar) Corporation of Chennai, Door No.36B, 2nd Cross Street, Pulla Avenue, Shenoy Nagar, Chennai - 600 030.

+1cc to Mr.A.Nagarajan, Advocate Sr.38272 W.P.No.11337 of 2017 srg 08/06/2017