G.Rajendran v. The Divisional Engineer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.04.2016

CORAM

THE HONOURABLE MR. JUSTICE T.S. SIVAGNANAM W.P.NO.16562 OF 2016 1.G.Rajendran 2.R.Suriyaprakash 3.R.Varadarajan Rep. By its power of attorney K.Narasimha Reddy ..

Petitioner Vs.

1.The Divisional Engineer Highways Department Thadanda Nagar, Saidapet, 2.The Junior Engineer Depot 177, CMWSSB Judge Ramakrishnan Salai, West Velacherry, 3.The Executive Engineer Zone N13, Corporation of Chennai Rippon Buildings, 4.The Member Secretary CMDA Thalamuthu Natarajan Maligai Egmore, Chennai.

5.Assistant Executive Engineer O and M Velacherry TNEB, CEDC South .. Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the 1st respondent to act on the representation of the second respondent dated 06.01.2016 and enable the second respondent to complete the sewerage and water work in respect of the property comprised in T.S.No.17 Block No.138, comprised in Survey No.465/2 and new survey No.465/5, Velachery By Pass Road. For Petitioner :

Ms.Shobana Ramasubramanyan For Respondent-1 : Mr.J.Balagopal Additional Government Pleader For Respondent-2 :

Mr.M.Jothikumar For Respondent-3 :

Mr.P.V.Selvakumar For Respondent-4 :

Mr.M.Karthikeyan For Respondent-5 :

Mr.P.R.Dhilip Kumar

O R D E R

Heard Ms.Shobana Ramasubramanyan, learned counsel appearing for the petitioner; Mr.J.Balagopal, learned Additional Government Pleader, accepting notice on behalf of the first respondent; Mr.M.Jothikumar, learned Standing Counsel, accepting notice on behalf of the second respondent; Mr.P.V.Selvakumar, learned Standing Counsel, accepting notice on behalf of the third respondent; Mr.M.Karthikeyan, learned counsel accepting notice on behalf of the fourth respondent and Mr.P.R.Dhilip Kumar, learned Standing Counsel, accepting notice on behalf of the fifth respondent.

2.By consent of the learned counsel on either side, the writ petition is taken up for final disposal. 3.The petitioners have filed this writ petition praying for a direction to consider the representation dated 06.01.2016 of the second respondent, to enable the second respondent to complete the sewerage and water connection work, in respect of the property in TS No.17, Block No.138, comprised in Survey No.465/2 and new Survey No.465/5, Velachery By Pass Road. 4.The application given by the petitioners has been processed by the second respondent and the second respondent has sought permission for road digging, from the first respondent, by letter dated 06.01.2016. From the copy of the said letter, it is seen that the second respondent has also prepared a rough sketch and the same has been forwarded to the first respondent.

It is not known, as to why, for almost three months, the first respondent has not considered the request and kept the matter in cold storage.

5.In the light of the above, there will be a direction to the first respondent to consider the request made by the second respondent vide communication dated 06.01.2016, and pass orders, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. 6.The writ petition is disposed of with the above direction. No costs.

-s/d- Assistant Registrar(J) True Copy Sub-Assistant Registrar TK To 1.The Divisional Engineer Highways Department Thadanda Nagar, Saidapet, 2.The Junior Engineer Depot 177, CMWSSB Judge Ramakrishnan Salai, West Velacherry, 3.The Executive Engineer Zone N13, Corporation of Chennai Rippon Buildings, 4.The Member Secretary CMDA Thalamuthu Natarajan Maligai Egmore, Chennai.

5.Assistant Executive Engineer O and M Velacherry TNEB, CEDC South +1 cc to M/s.S.Shobana Ramasubramaniyan Advocate sr.27449/16 +1 cc to Mr.P.V.Selvakumar Advocate sr.27758/16 +1 cc to Government pleader sr.27906/16 W.P.NO.16562 OF 2016 ca(co) aa06/06/2016