C.Rajendran v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.07.2016
CORAM
THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.No.25397 of 2016 C.Rajendran ..
Petitioner -vs1. The Commissioner Corporation of Chennai Rippon Building Park Town Chennai 600 003
2. The Chief Engineer Building Plan Permission Section Corporation Zonal Office-13 115, Dr.Muthulakshmi Salai Adyar, Chennai-20
3. The Executive Engineer Building Plan Permission Section Corporation Zonal Office-13 115, Dr.Muthulakshmi Salai Adyar, Chennai-20
4. Man Bahadur S/o Bhadra Bahadur
5. Savithri W/o Man Bahadur ..
Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents 1 to 3 to consider the petitioner's representation dated 26.10.2015 and take all necessary actions against respondents 4 and 5 as per law to prevent the unauthorised construction at the residential property No.4/11, Vanniampathi Street, Chennai 600 028
including the common passages.
For Petitioner ::
Mr.V.Manohar For Respondents ::
Mr.V.C.Selvasekaran for R1 to R3
ORDER
(Order of the Court was delivered by HULUVADI G.RAMESH, J.) The prayer in this writ petition is for issuance of a writ of mandamus, directing the respondents 1 to 3 to consider the petitioner's representation dated 26.10.2015 and take all necessary actions against the respondents 4 and 5 as per law to prevent the unauthorised construction at the residential property, No.4/11, Vanniampathi Street, Chennai 600 028 including the common passages.
2. Heard the learned counsel for the petitioner and the learned standing counsel taking notice on behalf of the respondents 1 to 3.
3. It appears that the petitioner is the owner of the property bearing Door No.4/11, Vanniampathi Street, Chennai-28 measuring about 862 sq.ft., and has been in possession for more than 40 years. The said property appears to be situated inside the complex of building consisting of five different portions with the common passage for all the occupants to approach the main road. The grievance of the petitioner is that the respondents 4 and 5 had purchased one of the portions of the property and are putting up construction without giving any
set back space. Since the representation given by the petitioner in this regard has not been acted upon by the respondents 1 to 3, he has approached this Court.
4. Since already the matter is pending before the civil Court in this regard, it is for the petitioner to take out an appropriate application and to urge all the contentions before the civil Court for redressal of his grievance. In the meanwhile, the respondent-Corporation can also look into the matter and take a decision in accordance with law. With this observation, the writ petition stands disposed of. No costs.
Index : yes/no (H.G.R.,J.) (M.V.M.,J.) 21.07.2016 ss To
1. The Commissioner Corporation of Chennai Rippon Building, Park Town Chennai 600 003
2. The Chief Engineer Building Plan Permission Section Corporation Zonal Office-13 115, Dr.Muthulakshmi Salai Adyar, Chennai-20
3. The Executive Engineer Building Plan Permission Section Corporation Zonal Office-13 115, Dr.Muthulakshmi Salai Adyar, Chennai-20
HULUVADI G.RAMESH, J.
AND M.V.MURALIDARAN, J.
ss W.P.No.25397 of 2016 21.07.2016