Mrs.C.Rani, v. The Commissioner Of Municipal

IN THE HIGH COURT OF JUDICATURDE AT MADRAS

Dated:07.09.2015 Coram The Honourable Mr.Justice K.K.SASIDHARAN W.P.No.34303 of 2014 Mrs.C.Rani .. Petitioner vs.

1.The Commissioner of Municipal Administration, The Commissionerate of Municipal Administration, Ezhilagam Annex, 6th Floor, Kamarajar Salai, Chepauk, Chennai-600 005 2.The District Collector, Kancheepuram District, Kancheepuram 3.The Tahsildar, Alandur Taluk, Chennai 4.The Commissioner, Pallavaram Municipality, Crompet, Chennai-600 044 ... Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents to remove all kinds of superstructure in the Pattai Poramboke land comprised of S.No.298/1 and T.S.No.19 at M.K.Nagar, Old Pallavaram, Chennai and further forbear the respondents from putting up any construction of building, shed or any kind of superstructure obstructing ingress and egress of the property infront of the house site owned by the petitioner bearing Plot No.1, comprised of S.No.289/11B situated at M.K.Nagar, Old Pallavaram, Chennai.

For Petitioner : Mr.A.Nagarathinam For respondents : Mr.N.Sakthivel,G.A.for R1 to R3 No appearance for R4

ORDER

The petitioner is stated to be in possession and enjoyment of the property bearing S.No.289/11B, M.K.Nagar, Old Pallavaram, Chennai. It is the grievance of the petitioner that the fourth respondent constructed a fair price shop on the said land without her permission. The petitioner submitted a representation on 19.11.2014, requesting the fourth respondent to demolish the superstructure. Since follow up action was not taken by the fourth respondent, the petitioner has come up with the writ petition.

2. Heard the learned counsel for the petitioner and the learned Government Advocate appearing on behalf of respondents 1 to

3. None appears on behalf of the Commissioner, Pallavaram Municipality.

3. The Commissioner, Pallavaram Municipality, is directed to consider and dispose of the representation submitted by the petitioner on 19.11.2004, on merits and as per law. Such exercise shall be completed within a period of two months from the date of receipt of a copy of this order.

4. The writ petition is disposed of with the above direction. No costs. Connected miscellaneous petition is closed. -s/dAssistant Registrar(CSII) dt:29/09/2015 True Copy Sub-Assistant Registrar msk To 1.The Commissioner of Municipal Administration, The Commissionerate of Municipal Administration, Ezhilagam Annex, 6th Floor, Kamarajar Salai, Chepauk, Chennai-600 005 2.The District Collector, Kancheepuram District, Kancheepuram

3.The Tahsildar, Alandur Taluk, Chennai 4.The Commissioner, Pallavaram Municipality, Crompet, Chennai-600 044 +1 cc to Mr.A.Nagarathinam Advocate sr.48367 +1 cc to Mr.P.Srinivas Advocate sr.34303 +1 cc to Mr.Government Pleader sr.49011 W.P.No.34303 of 2014 aa30/09/2015