Madras High CourtWP/13070/2023disposed of

J.Udhayakumar v. The Commissioner

2023-04-28Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.04.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH J.Udhayakumar S/o.late K.Janakiraman ... Petitioner Vs.

1.The Commissioner, Ripon Building, Chennai - 600 003.

2.The Executive Engineer Zone-08 Greater Chennai Corporation, No.368/12B Pulla Avenue Road, Shenoy Nagar, Chennai - 600 030.

3.The Assistant Executive Engineer, Zone-08 Greater Chennai Corporation, No.368/12B Pulla Avenue Road, Shenoy Nagar, Chennai - 600 030.

4.The Assistant Engineer, Division 101 (Old No.102) Zone-08, Shenoy Nagar, Chennai - 600 030.

5.V.Adhavan S/o.Veeramani ... Respondents 1/4

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 4 to dispose of petitioner's representation dated 28.03.2023 by initiating appropriate legal action as against the fifth respondent in accordance with Sections 56, 57 r/w 85 of the Tamil Nadu Town and Country Planning Act, 1971 (as amended by Act 61 of 2018) within the time limit to the fixed by this Court.

For Petitioner : Mr.S.Anandakumar For Respondents : Mr.E.C.Ramesh Standing Counsel [R1 to R4] *****

O R D E R

This writ petition has been filed for issuance of a writ of mandamus directing the Chennai Corporation to consider the representation made by the petitioner on 28.03.2023 wherein the petitioner has complained that the fifth respondent has put up a illegal construction and the same was brought to the notice of the Chennai Corporation and in spite of the same, no action was taken.

2. Heard Mr.S.Anandakumar, learned counsel for petitioner and Mr.E.C.Ramesh, learned Standing Counsel for respondents 1 to 4. 2/4

3. Taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, without going into the merits of the case, there shall be a direction to the fourth respondent to consider the representation made by the petitioner on 28.03.2023 and deal with the same on its own merits and in accordance with law after issuing notice to the fifth respondent and after affording an opportunity to the fifth respondent and a final decision shall be taken within a period of eight (8) weeks from the date of receipt of a copy of this order.

This Writ Petition is disposed of with the above direction. No costs.

28.04.2023 Index: yes/no Speaking Order/Non-Speaking Order gm To 1.The Commissioner, Ripon Building, Chennai - 600 003.

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N.ANAND VENKATESH, J gm 2.The Executive Engineer Zone-08 Greater Chennai Corporation, No.368/12B Pulla Avenue Road, Shenoy Nagar, Chennai - 600 030.

3.The Assistant Executive Engineer, Zone-08 Greater Chennai Corporation, No.368/12B Pulla Avenue Road, Shenoy Nagar, Chennai - 600 030.

4.The Assistant Engineer, Division 101 (Old No.102) Zone-08, Shenoy Nagar, Chennai - 600 030.

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