G.Dominc Xavier v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 04-02-2015

CORAM:

THE HONOURABLE MR. JUSTICE SATISH K. AGNIHOTRI AND THE HONOURABLE MR. JUSTICE M. VENUGOPAL W.P. No.31790 of 2014 and M.P. No.1 of 2014 G. Dominic Xavier Petitioner Vs.

The Commissioner Ripon Buildings Chennai 600 003 The Assistant Executive Engineer Ward No.24, Zone III No.1, Bazaar Street Madhavaram Chennai The Junior Engineer Ward No.24, Zone III No.1, Bazaar Street Madhavaram Chennai Dhanasekaran Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents to consider the petitioner's representation dated 10.11.2014. For petitioner Mr. J.L. Vincent For RR 1-3 Mr. R. Arunmozhi Standing Counsel

ORDER

(Order of the Court was made by SATISH K. AGNIHOTRI, J.) This writ petition is filed seeking a writ of mandamus directing the official respondents to consider and pass orders on the petitioner's representation dated 10.11.2014 within a stipulated time.

Since the petitioner has made his aforestated representation to the official respondents, we are of the view that no notice is required to be served on the fourth respondent. Thus, with the consent of the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents 1 to 3, this writ petition is taken up for final disposal.

Having regard to the limited nature of prayer sought by the petitioner, the official respondents are directed to examine the petitioner's representation dated 10.11.2014, make proper inspection after affording an opportunity of hearing to the alleged encroacher or violator of law and take appropriate action in accordance with law and on merits. Needless to state that if it is found that the construction is unauthorised and illegal, the authorities shall take final action for removal of the same. Such exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order.

The writ petition stands disposed of with the above direction and observation. Costs made easy. Connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar cad To The Commissioner Ripon Buildings Chennai 600 003

The Assistant Executive Engineer Ward No.24, Zone III No.1, Bazaar Street Madhavaram Chennai The Junior Engineer Ward No.24, Zone III No.1, Bazaar Street Madhavaram Chennai 1 cc to M/s. Vincent & Vincent,Advocate, SR.No.5670 1 cc to Mr. R. Arunmozhi,Advocate, SR.No.5677 W.P. No.31790 of 2014 ca(co) pmk.23.2.201