Ocean Interiors Ltd, v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.06.2015

CORAM:

THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE M.VENUGOPAL W.P. No. 17874 of 2015 Ocean Interiors Limited, rep. By Mr. T. Nandakrishnan, A.G.M. - Operations, MF-1, Industrial Estate, CIPET Hostel Road, Guindy, Chennai 600 032.

.... Petitioner vs.

1 The Commissioner, Corporation Chennai, Ripon Building, Chennai.

2 Joint Commissioner of Police (Traffic), Kilpauk, Chennai 600 010.

.... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents 1 & 2 herein to consider the representation dated 30.03.2015 and dispose the same with specific direction to the 2nd respondent at an early date within the specific period prescribed by this Court. For petitioner : Mr. E. Sivanandan For respondents : Mr. R. Arunmozhi - R1 Mr. P.S.Sivashanmugasundaram Spl. Govt. Pleader - R2

ORDER

(Order of the Court was made by SATISH K. AGNIHOTRI, J.) With the consent of both parties, this writ petition is taken up for final disposal, at the admission stage itself. https://hcservices.ecourts.gov.in/hcservices/

2. This writ petition is filed seeking a direction to the respondents 1 and 2 herein to consider the petitioner's representation dated 30.03.2015 and pass orders on the same within a stipulated period.

3. Given the limited scope of the relief sought by the petitioner, a direction to the respondents to consider the representation dated 30.03.2015, Mr. P.S.Sivashanmugasundaram, learned Special Government Pleader appearing for the second respondent submits that if the said representation is still pending consideration, the same will be looked into and appropriate steps will be taken as per law and on merits, within a period of four weeks.

4. In view of the forgoing, no adjudication is required at this stage. However, we make it clear that while taking any action, on finding that there is an encroachment on the public road, the alleged encroachers are required to be noticed to present their case before any consequential action for removal is taken.

5. The writ petition stands disposed of with the above direction. No costs.

Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar ra To 1 The Commissioner, Corporation Chennai, Ripon Building, Chennai.

2 Joint Commissioner of Police (Traffic), Kilpauk, Chennai 600 010.

1 cc to Mr.R.Arunmozhi, Advocate, Sr. 30729 1 cc to Mr.E. Sivanandan, Advocate, sr. 30531 W.P. No.17874 of 2015 TM (CO) kk 1/7 https://hcservices.ecourts.gov.in/hcservices/