← Library
Madras High CourtWP/14886/2015disposed of

D.Karthikayen v. The Principal Secretaryto

2015-05-20Honourable Mr Justice M.Duraiswamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.05.2015

CORAM

THE HONOURABLE Mr. JUSTICE M.DURAISWAMY W.P.No.14886 of 2015 & M.P.No.1 of 2015 D.Karthikeyan ... Petitioner vs.

1. The Principal Secretary to Government, Highways and Minor Ports Department, Fort st. George, Secretariat, Chennai - 600 009.

2. Senior Manager, Tamil Nadu Road Development Company, No.125/126, Rajiv Gandhi Salai, Perungudi, Chennai - 600 096.

... Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of mandamus, directing the respondents to consider the petitioner's representation dated 23.03.2015. For Petitioner : Mr.Aanand Venkatesh for Mr.P.S.Muralidhara Rao For Respondents : Mr.R.Ravichandran Addl. Govt. Pleader

ORDER

The petitioner has filed the above writ petition to issue a Writ of Mandamus, directing the respondent to consider his representation dated 23.03.2015.

2. It is the case of the petitioner that he is occupying the land situated at No.3/48, Rajiv Gandhi Salai, Sri Nagar, Thoraipakkam, Chennai - 600 097. According to the petitioner, he is paying the taxes to the Revenue Department of Chennai Corporation. While so, the first respondent sent a notice for extending the Old Mahabalipuram Road into six lane road and taken his major portion of the property and left only 200 sq.ft.. Further, according to the petitioner, he is running a Tiffin shop in his wife's name by getting licence from the Corporation of Chennai. Since the respondents tried to evict the petitioner from the said property, he gave a representation dated 23.3.2015 to the respondents. Though the https://hcservices.ecourts.gov.in/hcservices/

representation was given on 23.3.2015, the respondents have not considered the same.

3. Mr.R.Ravichandran, learned Additional Government Pleader, who took notice for the respondents, submitted that the first respondent may be directed to consider the petitioner's representation dated 23.03.2015 and pass orders, within a stipulated time.

4. Having regard to the submissions made by the learned counsel on either side and also taking into consideration the limited prayer sought for in the writ petition, without expressing any opinion with regard to the merits of the case, I direct the first respondent to consider the petitioner's representation dated 23.03.2015 and pass orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. The parties are directed to maintain status-quo till then.

With this observation, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(ADM II)/ Vacation Officer //True Copy// Sub Assistant Registrar Rj To

1. The Principal Secretary to Government, Highways and Minor Ports Department, Fort St. George, Secretariat, Chennai - 600 009.

2. The Senior Manager, Tamil Nadu Road Development Company, No.125/126, Rajiv Gandhi Salai, Perungudi, Chennai - 600 096.

+1cc to M/s.P.S.Muralidhara Rao, Advocate, S.R.No.25331 +1cc to the Government Pleader, S.R.No.25386 W.P.No.14886 of 2015 VD(CO) CA(26/05/2015) https://hcservices.ecourts.gov.in/hcservices/