R.Padmini, W/O.Sivakumar, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 23.01.2023

CORAM

THE HONOURABLE Mr.JUSTICE R.MAHADEVAN AND THE HONOURABLE Mr.JUSTICE MOHAMMED SHAFFIQ R.Padmini .. Petitioner Vs.

1.The District Collector Kancheepuram District, Kancheepuram 2.The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajan Building Egmore Chennai-600 008 3.The Block Development Officer St.Thomas Mount Panchayat Union Chitlapakkam, Chennai-64 4.The President Chitlapakkam I Grade- Village Panchayat Chithalapakkam, Chennai-126 5.R.Shanthi, W/o.Raju No.5/12, Main Road Vivekanandha Nagar Extn. Chithalapakkam, Chennai-126 .. Respondents 1/4

Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF MANDAMUS directing the respondents to consider the petitioner's representation dated 04.02.2016 and to take action against the unauthorised construction carried out by the fifth respondent in Survey No.12/21, Plot No.15, Door No.5/12, 1st Main Road, Vivekanandha Nagar Extension, Chithalapakkam Village.

For Petitioner : Mr.G.Anabayachozhan For RR 1, 3 & 4 : Mr.A.Selvendiran Special Government Pleader For R2 : Ms.Veena Suresh For R5 : Mr.J.Kamaraj

O R D E R

[Order of the Court was made by R.MAHADEVAN, J.] According to the petitioner, the fifth respondent had carried out the unauthorised construction in S.No.12/21, Plot No.15, Door No.5/12, 1st Main Road, Vivekanantha Nagar Extension, Chithalapakkam Village, for commercial purpose and hence, the petitioner made a representation dated 04.02.2016 to the respondents 1 to 4 requesting to take appropriate action against the fifth respondent and remove the unauthorised construction. Finding no response on the same, the petitioner has come up with this writ petition seeking appropriate direction to the respondent authorities in this regard.

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2.Heard the learned counsel appearing for all the parties and perused the materials available on record.

3.Considering the limited nature of the relief sought herein, this court, without going into the merits of the case, directs the respondents 1 to 4 to consider the petitioner's representation dated 04.02.2016, if not considered earlier, and pass appropriate orders, on merits and in accordance with law, after affording an opportunity of hearing to all the parties concerned, within a period of eight weeks from the date of receipt of a copy of this order. 4.With the above directions, this writ petition stands disposed of. No costs.

[R.M.D., J.] [M.S.Q., J.] 23.01.2023 Index: Yes / No Speaking order / Non-speaking order nsd 3/4

R.MAHADEVAN, J.

AND MOHAMMED SHAFFIQ, J.

nsd To 1.The District Collector Kancheepuram District, Kancheepuram 2.The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajan Building Egmore Chennai-600 008 3.The Block Development Officer St.Thomas Mount Panchayat Union Chitlapakkam, Chennai-64 4.The President Chitlapakkam I Grade- Village Panchayat Chithalapakkam, Chennai-126 23.01.2023 4/4