P.Govindan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.03.2023

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.8145 of 2023 Govindan ... petitioner -Vs1. The District collector, Chennai District, Rajaji Salai, 4th Floor, 62, Beach Road, George Town, Chennai-1.

2. The Tahsildar, Sholinganallur Taluk, No.1, First Cross Street, New Kumaran Nagar, Sholinganallur, Chennai-119.

3. Vaibhavan Lawns, Rep. By its owner Padma, No.2/143, Karl Marx Street, Old Vandipalayam, Uthandi, Kanathur, Reddykuppam, Chennai.

... Respondent Prayer : Petition filed under Article 226 of the Constitution of India, for issuance of Writs of Mandamus directing the respondents 1 & 2 to consider the representation dated 16.02.2023 given by the petitioner and take appropriate

actions as the said premises has been in public use without any proper authorization.

For petitioner : Mr. Kaushik N.Sharma For Respondents : Mr. E.Veda Bagathsingh, SGP RR1 & 2

O R D E R

Mr.E.Veda Bagathsingh, learned Special Government , and Mr.E.Veda Bagathsingh, learned Special Government Pleader, takes notice for the respondents. By consent of both the parties, the writ petition is taken up for final disposal at the time of admission stage itself.

2. The Writ Petition has been filed seeking a direction to the respondents 1 & 2 to consider the representation dated 16.02.2023 given by the petitioner and take appropriate actions as the said premises has been in public use without any proper authorization.

3. It is the grievance of the petitioner that the petitioner is the resident of Karl Marx Street located at Uthandi, chennai, which has been classified under the residential area/zone. The Vaibavam Lawns is situated at No.2/143 Karl Marx street. The third respondent has been operating the said premises without

obtaining any license for conducting wedding or any public gatherings and creating nuisance to the general public, for which, the petitioner sent a representation on 16.02.2023 to the respondents 1 & 2 and the same was not considered. Hence, the petitioner has filed the present writ petition.

4. The learned counsel for the petitioner submitted that this Court may issue a direction to the second respondent to consider the petitioner's representation and pass appropriate orders within the stipulated time as fixed by this Court.

5. Heard the learned counsel for the petitioner and the learned Government Counsel appearing on behalf of the respondents and perused the materials available on record.

6.Considering the facts and circumstances of the case and in view of the limited request sought for by the petitioner, this Court directs the second respondent to consider the representation made by the petitioners' dated 19.02.2023 and pass orders on merits and in accordance with law, after providing opportunity to the petitioner as well as the third respondent, within a period of

four weeks from the date of receipt of a copy of this order. 7.With the above direction, the writ petition stands disposed of. No costs.

16.03.2023 rli Index : Yes/No Internet:Yes/No Speaking Order : Yes/No rli To

1. The District collector, Chennai District, Rajaji Salai, 4th Floor, 62, Beach Road, George Town, Chennai-1.

2. The Tahsildar, Sholinganallur Taluk, No.1, First Cross Street, New Kumaran Nagar, Sholinganallur, Chennai-119.

M.DHANDAPANI, J.

rli W.P.No.8145 of 2023 16.03.2023