M.Shanthi, v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE:02-06-2015
CORAM:
THE HONOURABLE MR. JUSTICE SATISH K. AGNIHOTRI AND THE HONOURABLE MR. JUSTICE M. VENUGOPAL W.P.No.14492 of 2015 and M.P.No.1 of 2015
1. M.Shanthi D/o.Late M.Madhavan Pillai Plot No.59 Venba Avenue 2nd Street Sithalapakkam Chennai-126.
... Petitioner Vs
1. The Secretary to Government Housing and Urban Development Department Fort St. George Chennai-9.
2. The Member Secretary Chennai Metropolitan Development Authority Gandhi Irwin Road Chennai-8.
3. The Commissioner Corporation of Chennai Rippon Buildings Chennai-3.
4. The Assistant Engineer Revenue Department Zone 13 Division 179 115 Dr.Muthulakshmi Salai Adyar Chennai- 20.
5. The Chariman TANGEDCO Anna Salai Chennai-2.
6. The Assistant Engineer TANGEDCO CEDC-South, Velacherry East Velacherry Chennai-42.
7. V.N.Jamal Mohideen Flat No.A-12 , Padmavathi Kirpa Apartments No.9 Ponnappan Street , Triplicane Chennai- 5.
... Respondents Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents 2 to 4 to consider the representation dated 13.4.2015 given by the petitioner and prevent the constructions being made by the 7th respondent at Plot No.25 Balamurugan Nagar 2nd Street (Old No.28 Ganesh Nagar Sarathi Nagar Extension) Velacherry Chennai-600 042. For petitioner :
Mr.A.V.Arun For respondents :
Mr.P.S.SivaShanmugasundaram Spl. Government Pleader for R1 : Mr.K.Raja Shrinivas for R2 : Mr.A.Nagarajan for R3 & R4 : Mr.P.R.Dhilip Kumar for R5 & R6 : Mr.K.Natarajan for R7
ORDER
Considering the limited relief sought for in this petition to the effect that a direction be issued to the authorities to consider the representation dated 13-04-2015, it is apposite to take up the matter for final disposal.
2. The respondents are represented through their respective counsel. The private respondent No.7 is represented through Mr. K. Natarajan, learned counsel. The petitioner by his representation
dated 13-04-2015 has alleged that the seventh respondent has made illegal construction at plot No.25, Balamurugan Nagar, 2nd Street (old No.28, Ganesh Nagar, Sarathi Nagar Extension ) Velacherry, Chennai - 600 042. Despite representation made to all the authorities, no action has been taken till date to examine as to whether illegal construction was carried on, causing nuisance to the persons living nearby.
3.
At this stage, when the petitioner sought for a direction to consider the representation, we are not inclined to go into the merits of the case. Further we deem it fit and proper to direct the respondent Nos.3, 4 and other respondents to examine the representation and take appropriate steps and action, after affording proper opportunity of hearing to the alleged encroachers, i.e., respondent No.7. Such exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order. 4.
The writ petition is disposed of accordingly. No costs. The connected miscellaneous petition is also closed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar glp To
1. The Secretary to Government Housing and Urban Development Department Fort St. George Chennai-9.
2. The Member Secretary Chennai Metropolitan Development Authority Gandhi Irwin Road Chennai-8.
3. The Commissioner Corporation of Chennai Rippon Buildings Chennai-3.
4. The Assistant Engineer Revenue Department Zone 13 Division 179 115 Dr.Muthulakshmi Salai Adyar Chennai- 20.
5. The Chariman TANGEDCO Anna Salai Chennai-2.
6. The Assistant Engineer TANGEDCO CEDC-South, Velacherry East Velacherry Chennai-42.
+1cc to Mr.K.Natarajan, Advocate, S.R.No.26112 +1cc to Mr.A.V.Arun, Advocate, S.R.No.26039 +1cc to Mr.K.Raja Shrinivas, Advocate, S.R.No.25947 +1cc to Mr.A.Nagarajan, Advocate, S.R.No.26176 +1cc to the Government Pleader, S.R.No.26001 W.P.No.14492 of 2015 and M.P.No.1 of 2015 GR(CO) CA(09/06/2015)