Radha Balakrishnaiah v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.02.2023

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI and THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and W.M.P.No.13458 of 2019 Radha Balakrishnaiah .. Petitioner Vs.

1.The Commissioner, Corporation of Chennai, Rippon Building, Park Town, Chennai-600 003.

2.The Zonal Officer, Ward No.176, Corporation of Chennai, L.B.Road, Adyar, Chennai-600 020.

3.Kothandaraman .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, to direct the Respondents 1 and 2 to take necessary action for the unlawful and illegal 1/6

construction under the process by the3rd respondent in the address No.11, Tapovan, Arunachalampuram 2nd Street, Chennai-600 020. For Petitioner : Mr.V.Manohar For R1 and R2 : No Appearance For R3 : No Appearance

O R D E R

(Order of the Court was delivered by V.M.VELUMANI, J.) The Writ Petition is filed for a direction to the respondents 1 and 2 to take necessary action for the unlawful and illegal construction under the process by the 3rd respondent in the address No.11, Tapovan, Arunachalampuram 2nd Street, Chennai-600 020.

2. Heard Mr.V.Manohar, learned counsel appearing for the petitioner and perused the entire materials on record.

3. The learned counsel appearing for the petitioner submitted that the petitioner is having leasehold right over the land in question for 90 years from the year 1937. One Chinnamma was permitted to occupy the 2/6

portion of the land. After her death, the 3rd respondent/legal heir of the said Chinnamma continued to occupy in the said portion. Whileso, the 3rd respondent without any permission from the respondents 1 and 2 constructed a temple. Therefore, the petitioner made a complaint dated 12.03.2019 to the respondents 1 and 2 requesting to prevent such illegal construction put up by the 3rd respondent. Since no order has been passed on the said complaint, the petitioner has come out with the present writ petition.

4. Though notice has been served on the respondents 1 and 2 and the respondents 1 and 2 entered appearance through Advocate and his name is also printed in the cause-list, there is no representation for the respondents 1 and 2 when the matter is taken up for hearing. Though notice served on the 3rd respondent and his name is printed in the causelist, there is no representation for the 3rd respondent.

5. Considering the nature of relief sought for in the present writ petition, the respondents 1 and 2 are directed to inspect the property in question after issuing notice to the petitioner and 3rd respondent, within a period of two weeks from the date of receipt of a copy of this order. If 3/6

there is any unauthorised construction put up by the 3rd respondent without any approval and permission, the respondents 1 and 2 are further directed to take action in accordance with law, within a period of eight weeks thereafter.

6. With the above directions, the Writ Petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed. (V.M.V., J) (V.L.N., J) 28.02.2023 Index : Yes / No dm 4/6

To 1.The Commissioner, Corporation of Chennai, Rippon Building, Park Town, Chennai-600 003.

2.The Zonal Officer, Ward No.176, Corporation of Chennai, L.B.Road, Adyar, Chennai-600 020.

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V.M.VELUMANI, J.

and V.LAKSHMINARAYANAN, J.

dm 28.02.2023 6/6