A.Sivagurunathan v. Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 2/7/2015 C O R A M THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE M. VENUGOPAL W.P. No.19319 of 2015 A. Sivagurunathan ...

Petitioner Vs

1. The Commissioner Sembakkam Municipality Tambaram Chennai 600 073.

2. M/s. Davamani Promoters No.1 Bhavandiar Main Road Chennai 600 073.

...

Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the first respondent to remove the unauthorised portion of the construction put up by the second respondent at Door No.1, Bhavandiar 1st Cross, Kamarajapuram, Selaiyur Post, East Tambaram, Chennai 600 073.

For petitioner : Mr.S.Udhayakumar For respondents : Mr.S.Pattabiraman for R.1.

O R D E R

(Order of the Court was made by SATISH K. AGNIHOTRI,J.,) Mr.S.Pattabiraman accepts notice for the first respondent. With the consent of the learned counsel for the parties, the matter is taken up for final disposal, at the admission stage itself.

2. The case of the petitioner is that the second respondent has made an unauthorised construction at Door No.1, Bhavandiar 1st Cross, Kamarajapuram, Selaiyur Post, East Tambaram, Chennai 600 073, as is manifest in the authenticated information obtained by him from the Public Relations Officer of the first respondent/Municipality on 4/5/2015.

The petitioner has made a representation to the Commissioner/first respondent on 26/12/2014 to prevent unauthorised https://hcservices.ecourts.gov.in/hcservices/

construction made by the second respondent at the afore-stated premises. Despite clear information submitted by the Public Relations officer of the first respondent, no steps have been taken till date.

3. Mr.S.Pattabiraman, learned counsel appearing for the first respondent submits that the afore-stated representation of the petitioner will be examined on its own merit and in accordance with law, after affording opportunity of hearing to the second respondent, within a period of four weeks from the date of receipt of the copy of this order.

4. In view of the foregoing, it is ordered accordingly. Resultantly, this writ petition stands disposed of. No costs. Sd/- Assistant Registrar True Copy Sub Assistant Registrar mvs.

To The Commissioner Sembakkam Municipality Tambaram Chennai 600 073.

1 cc to Mr..S.Udhayakumar , Advocate Sr.No.32755 W.P.No.19319 of 2015 jp(co) pmk.10.7.2015 https://hcservices.ecourts.gov.in/hcservices/