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Madras High CourtWP/18821/2015disposed of

Archdiocese Of Madras-Mylapore v. The Member Secretary,

2015-06-29Honourable Mr Justice M. Venugopal,Honourable Mr Justice Satish K. Agnihotri3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29/6/2015 C O R A M THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE M. VENUGOPAL W.P. No.18821 of 2015 and M.P.No.1/2015 Archdiocese of Madras - Mylapore rep. By its Power Rev.Fr.S.Ignatius Thomas Administrator - Properties Archbishop's House #41 Santhome High Road Santhome Chennai 600 004.

...

Petitioner Vs

1. The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajar Building Gandhi-Irwin Road Egmore Chennai 600 008.

2. The Commissioner Corporation of Chennai Ripon Buildings Chennai 600 003.

3. Mr.M.Maheshkumar ...

Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the first and second respondents to consider and dispose of the representation dated 24/3/2015 in accordance with law on or before a date to be stipulated by this Hon'ble Court.

For petitioner : Ms.D.Chitra Maragatham for Mr.K.Sankaranarayanan For respondents : Mr.C.Johnson for R.1 Mr.A.Nagaraj for R.2.

O R D E R

(Order of the Court was made by SATISH K. AGNIHOTRI,J.,) Heard the learned counsel appearing for the petitioner and Mr.C.Johnson and Mr.A.Nagaraj, who accept notice on behalf of the first and second respondents respectively.

2. Considering the limited relief of a direction to the first and second respondents to consider and dispose of the representation dated 24/3/2015 made by the petitioner, the writ petition is taken up for disposal with the consent of the learned counsel appearing on either side.

3. The petitioner has made a representation to the first respondent on 24/3/2015, complaining that a multi-storey building is coming up on the land in Survey No.37 of Venkatapuram Village and the Municipal Door number is 5, Velachery road is without approval and as such, the same may be examined and illegal construction may be stopped.

4. We are not in a position to express any opinion on the basis of the afore-stated allegation. However, we deem it proper to direct the first and second respondents to examine the allegation, take proper spot inspection and if necessary, take consequential action, after affording proper opportunity of hearing to the third respondent, who has allegedly raised illegal construction. Such an exercise, shall be completed within a period of six weeks from the date of receipt of the copy of this order.

5. This writ petition stands disposed of accordingly. No costs. Connected M.P.No.1 of 2015 is closed.

Sd/- Assistant Registrar True Copy Sub Assistant Registrar mvs.

To

1. The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajar Building Gandhi-Irwin Road Egmore Chennai 600 008.

2. The Commissioner Corporation of Chennai Ripon Buildings Chennai 600 003.

1 cc to Mr. K.Sankaranarayanan, Advocate Sr.No.32383 W.P.No.18821 of 2015 ev(co) pmk.16.7.2015