Radha v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.08.2017

CORAM

THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P.No.23532 of 2017 Radha

...Petitioner

vs.

1. The District Collector, Singaravelan Malligai, Rajaji Salai, Chennai

2. The Commissioner of Prohibition & Excise Ezhilagam Building, Kamarajar Salai Chepauk, Chennai 600 005.

3. The Commissioner, Greater Chennai Corporation, Ribbon Building, Park Town, Chennai 600 003.

4. The Zonal Officer, Zone V, Ward No.56, Greater Chennai Corporation, Basin Bridge, Chennai 600 001.

5. The Managing Director, TASMAC CMDA Tower-II, IV Floor Gandhi Irwin Bridge Road Egmore, Chennai 600 008.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents 3 and 4 to consider the representation of the petitioner dated 02.06.2017 and to remove the empty beer bottles which is illegally dumped at Old No.29/16, Xavier Street, George Town, Broadway, Chennai 600 001.

For Petitioner : Mr.M.Sriram For R1 & R2 : M/s.A.Srijayanthi Special Government Pleader For R3 & R4 : Mr.R.Arunmozhi Standing Counsel

For R5 : M/s.John Kennedy

ORDER

The present writ petition is for a Mandamus directing the respondents 3 and 4 to consider the representation of the petitioner dated 02.06.2017 and to remove the empty beer bottles which is illegally dumped at Old No.29/16, Xavier Street, George Town, Broadway, Chennai 600 001.

2. M/s.Srijayanthi, learned Special Government Pleader takes notice for the respondents 1 and 2 and Mr.John Kennedy takes notice for the 5th respondent. Mr.R.Arunmozhi takes notice for the respondents 3 and 4.

3. The grievance of the petitioner is that the unauthorized dumping of the empty beer bottles at the petitioner's premises by the respondents 3 and 4 has obstructed the public pathway leading to the Broadway main road and thus caused hindrance. In view of the same, the petitioner has sent representation dated 02.06.2017 to the 4th respondent. According to the petitioner, the 4th respondent has not passed any order on the representation. In the circumstances, he has come out with the present writ petition for the relief stated above.

4. Considering the limited prayer sought for in the writ petition, the petitioner is directed to give fresh representation to the 4th respondent within a period of two weeks from the date of receipt of a copy of this order. On receipt of such representation, the 4th respondent is directed to consider the representation on merits and in accordance with law and pass orders within a period of twelve weeks thereafter.

5. With the above direction, this writ petition is disposed of. No costs.

-sd/- Assistant Registrar / TRUE COPY / Sub-Assistant Registrar gsa To

1. The District Collector, Singaravelan Malligai, Rajaji Salai, Chennai

2. The Commissioner Department of Prohibition & Excise Ezhilagam Building, Kamarajar Salai Chepauk, Chennai 600 005.

3. The Commissioner, Greater Chennai Corporation, Ribbon Building, Park Town, Chennai 600 003.

4. The Zonal Officer, Zone V, Ward No.56, Greater Chennai Corporation, Basin Bridge, Chennai 600 001.

5. The Managing Director, TASMAC CMDA Tower-II, IV Floor Gandhi Irwin Bridge Road Egmore, Chennai 600 008.

+1 cc to MR.M.JOHN KENNADY Advocate SR.NO. 62774 +1 CC TO Government pleader SR.NO. 63403 +1 cc to MR.M.NARESH Advocate SR.NO. 63436 W.P.No.23532 of 2017 ks[co] RD 27/09/2017