Madras High CourtWP/11912/2022disposed of

K.Sugumar v. The Commissioner,

2022-06-07Honourable Mr Justice C. Saravanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.06.2022

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.No.11912 of 2022 K.Sugumar ... Petitioner Vs The Commissioner, Tambaram Municipal Corporation, Tambaram, Chennai - 600 045.

... Respondent Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondent to remove the dilapidated old shed and the gate valve installed therein which is situated in Survey No.56/8 part, Ward C, Block 8, T.S.No.4, Patta Resurvey No.4/2, comprised in an area of 1107 Sq.ft. of Zamin Pallavaram, Pallavaram, Chennai - 600 117 in any other place.

For Petitioner : Mr.K.R.Boominathan For Respondent : Mr.M.Shahjahan Special Government Pleader

ORDER

Mr.M.Shahjahan, learned Special Government Pleader takes notice on behalf of the respondent.

2. This Writ Petition is being disposed after hearing the learned counsel for the petitioner and the learned Special Government Pleader for the respondent.

3. It is the case of the petitioner that the petitioner purchased the property/plot in S.No.56/8, Part, Ward C, Block 8, T.S.No.4, Patta Resurvey No.4/2, comprised in an area of 1107 Sq.ft of Zamin Pallavaram, Pallavaram, Chennai, for a valuable consideration to settle down by building a new building in place of shed with gate valve putting up by the earlier Pallavaram Municipality which has now been merged with Tambaram Municipality, the respondent herein.

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4. Since the petitioner's representation has not been considered, I am inclined to dispose this writ petition at the time of admission without expressing any opinion on merits of the case by directing the respondent to consider the representation dated 29.03.2022 of the petitioner and pass appropriate 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.

5. Needless to state, before passing such order, the petitioner shall be heard.

6. The petitioner is also directed to furnish all the required documents to establish that the petitioner has a legal title over the property.

7. This Writ Petition stands disposed of in terms of the above observations.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar arb To The Commissioner, Tambaram Municipal Corporation, Tambaram, Chennai - 600 045.

+1cc to Mr.K.R.Boominathan, Advocate, S.R.No.32364 +1cc to the Government Pleader, S.R.No.33603 W.P.No.11912 of 2022 MT(CO) SB(01/07/2022) https://hcservices.ecourts.gov.in/hcservices/