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Madras High CourtWP/17783/2015disposed of

St. Antonys Church v. The Joint Commissioner

2015-06-22Honourable Mr Justice M. Venugopal,Honourable Mr Justice Satish K. Agnihotri3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.06.2015

CORAM:

THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE M. VENUGOPAL W.P. No.17783 of 2015 St. Antony's Church represented by its Member Mr. Felix No.45, Dhanakotti Raja Street Ekkauttuthangal Chennai 600 097 Petitioner Vs.

The Joint Commissioner (South) Office (Enforcement Cell), Adyar Chennai 600 020 The Junior Engineer - Division 170 Joint Commissioner South Office Adyar, Chennai 600 020 The Assistant Executive Engineer Unit 40A Joint Commissioner South Office Adyar, Chennai 600 020 The Executive Engineer TP - Enforcement Regional Joint Commissioner Office - South Adyar, Chennai Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents to consider the petitioner's representation dated 04.06.2015 by providing reasonable opportunity and forbearing the respondents from locking and sealing the petitioner church in T.S. No.217/2, Block No.2, No.12, Ekkattuthangal, Chennai, pending disposal of the writ petition.

For petitioner Mr. P. Britto For respondents Mr. R. Arunmozhi Standing Counsel

ORDER

(Order of the Court was made by SATISH K. AGNIHOTRI, J.) Mr. R. Arunmozhi, learned Standing Counsel, accepts notice for the respondents. With the consent of the learned counsel for the parties, the writ petition is taken up for final disposal, at the admission stage itself.

This writ petition is filed seeking a writ of mandamus directing the respondents to consider the petitioner's representation dated 04.06.2015 by providing reasonable opportunity to the petitioner and forbearing the respondents from locking and sealing the petitioner church in T.S. No.217/2, Block No.2, No.12, Ekkattuthangal, Chennai, pending disposal of this writ petition. The only limited relief sought by the petitioner in this writ petition is that the authorities be directed not to take action pursuant to the notice dated 25.05.2015, calling upon the petitioner to produce the approved plan, without considering the petitioner's representation dated 04.06.2015 filed in response to the said notice. Given the nature of prayer, we are not required to issue any direction or express any opinion on the merits of the case.

However, if a representation to the said notice has been made by the petitioner, the authorities are advised and also obliged to consider the same, before taking consequential action on the basis of the aforesaid notice dated 25.05.2015. It is ordered accordingly. The writ petition stands disposed of in the above terms. Costs made easy.

Sd/- Assistant Registrar True Copy Sub Assistant Registrar To The Joint Commissioner (South) Office (Enforcement Cell), Adyar, Chennai 600 020

The Junior Engineer - Division 170 Joint Commissioner South Office Adyar, Chennai 600 020 The Assistant Executive Engineer Unit 40A Joint Commissioner South Office Adyar, Chennai 600 020 The Executive Engineer TP - Enforcement Regional Joint Commissioner Office - South Adyar, Chennai +1 cc to Mr.P.Britto, Advocate,SR.30385 +1 cc to Mrs.R.Arunmozhi, Advocate,SR.30727.

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