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Madras High CourtWP/7084/2022disposed of

R.Krishnamurthy v. The Managing Director

2022-04-22Honourable Dr Justice Anita Sumanth3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.04.2022

CORAM

THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P.NO.7084 OF 2022 & WMP.NO.7109 OF 2022 R.Krishnamurthy

...Petitioner

Vs.

1.The Managing Director Chennai Metro Rail Limited Administration Building, CMRL Depot Koyambedu, Chennai- 600 107.

2.The Commissioner of Corporation Chennai City, Rippon Building, Chennai- 600 003.

3.The General Manager Constructions, Chennai Metro Rail Limited Administration Building CMRL Depot, 4.The Executive Engineer Division No.42, Zone- 4 Chennai Corporation Tondiarpet, Chennai-600 018.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 to 4 to immediately to remove the finished materials relating to CMRL Project which is lying in the front of the petitioner shop situated at 617/A Thiruvottiyur High Road Tondiarpet Chennai- 600 081 on the basis of the Petitioner representation dated 02.01.2022 within a short time limit as directed by this Honble court.

For Petitioner :

Mr.R.Harikrishnan For Respondents :

Mr.Ashwin Kumar for M/s. Jayesh B.Dolia [R1] R2 to R4 [No Appearnce]

O R D E R

Read this order in conjunction with order dated 25.03.2022 that is extracted below:

Notice through Court as well as privately to respondents, returnable 22.04.2022. Private notice to the panel counsel is also permitted. Proof of service be placed on file by then.

2. The photographs annexed to the Writ Petition illustrate the condition upon which the first respondent has left the area project work. Hence, even pending Writ Petition an attempt has to be made to clear the area, which would, in effect, serve the purpose of the Writ Petition itself.

3. List on 22.04.2022. Counter/written instructions by then with an advance copy served on the petitioner.

2. Today, Mr.Ashwin Kumar, learned counsel appearing on behalf of Mr.Jayesh B. Dolia, learned counsel for R1 would circulate photographs, that prima facie, indicate, that the road abutting the petitioner's premises has been cleared. The petitioner is, however, dissatisfied with the efforts of the respondents in which event, he is granted liberty to make a fresh representation setting out his grievances afresh before the authorities. Such representation, if received by the respondents within four weeks from today, will be considered by them in accordance with law and orders passed expeditiously.

3. This Writ Petition is disposed as above. No costs. Sd/- Assistant Registrar(CS-VIII) // True Copy // Sub Assistant Registrar sl To 1.The Managing Director Chennai Metro Rail Limited Administration Building, CMRL Depot 2.The Commissioner of Corporation Chennai City, Rippon Building Chennai- 600 003.

3.The General Manager Constructions, Chennai Metro Rail Limited Administration Building CMRL Depot, 4.The Executive Engineer Division No.42, Zone- 4 Chennai Corporation Tondiarpet, Chennai-600 018.

+1cc to Mr.S.Venkatesh, Advocate Sr.No.27733 +1cc to M/s.Aiyar & Dolia, Advocate Sr.No.28467 W.P.No.7084 of 2022 & WMP.No.7109 of 2022 KV(CO) RVM(27/05/2022)