M.Vedachalam, v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.03.2023

CORAM:

THE HON'BLE MS.JUSTICE V.M.VELUMANI AND THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN M.Vedachalam ...

Petitioner

Versus

1.The Commissioner Greater Chennai Corporation Rippon Building, Chennai - 600 003.

2.The Zonal Officer Zone - 5 Greater Chennai Corporation Basin Bridge Road, Chennai - 600 079.

3.The Assistant Revenue Officer Zone - 5 Greater Chennai Corporation Basin Bridge Road, Chennai - 600 079.

4.The Assistant Engineer Division 50 Metro Water & Sewage Board Royapuram, Chennai - 600 013.

5.R.Valli ...

Respondents 1/6

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to cancel the property tax assessment disconnect the water and sewerage connection to the 5th respondent's property located at No.47, Old No.18, Periyathambi Street, Kasimedu, Royapuram, Chennai - 600 013. For Petitioner :

Mr.V.Manohar For Respondents :

Mr.A.C.Manibharathi 1 to 3 Standing Counsel For Respondent 4 :

No appearance For Respondent 5 :

Mr.V.L.Vivekanand

O R D E R

[ORDER OF THE COURT WAS MADE BY V.M.VELUMANI, J.] The petitioner has come out with the present writ petition seeking for a direction to the respondents 1 to 4 to cancel the property tax assessment, disconnect the water and sewerage connection to the fifth respondent's property located at No.47, Old No.18, Periyathambi Street, Kasimedu, Royapuram, Chennai - 600 013.

2. The petitioner is the owner of the property situate within R.S.No.3366/2, measuring about 600 sq.ft., as per Collector Certificate C.C.No.1186 comprised in original Survey No.2847, within the premises 2/6

bearing New No.19, Old No.30A, Periyathambi Street, Kasimedu, Royapuram, Chnenai - 600 013. The fifth respondent is the neighbour of the petitioner. There is some civil dispute between the petitioner and the fifth respondent. The fifth respondent, without obtaining any planning permission from the authorities concerned is proceeding with the unlawful construction. Hence, the petitioner sent a representation dated 25.05.2017 to the respondents 1 to 4 to cancel the property tax assessment of the fifth respondent and to disconnect the water and sewerage connection of the unauthorised building. Since no order has been passed by the respondents, on the representation of the petitioner, the petitioner has come out with the present writ petition.

3. Heard the submissions by the learned counsel for the petitioner and the learned counsels for the respondents 1 to 3. Though the fourth respondent entered appearance through counsel, there is no appearance on behalf of the fourth respondent.

4. Considering the submissions made and the nature of relief sought for, without deciding the issue on merits, the respondents 1 to 4 are directed to inspect the property of the fifth respondent, within a period of two 3/6

weeks from the date of receipt of a copy of this order and if any unauthorised construction work is under progress, the respondents 1 to 4 are directed to take action, in accordance with law, taking into consideration the representation of the petitioner, within a period of eight weeks thereafter.

5. The writ petition is disposed of with the above direction. No costs.

[V.M.V., J.] [V.L.N., J.] 07.03.2023 Index : Yes/No Internet : Yes/No Speaking / Non-speaking order TK 4/6

To 1.The Commissioner Greater Chennai Corporation Rippon Building, Chennai - 600 003.

2.The Zonal Officer Zone - 5 Greater Chennai Corporation Basin Bridge Road, Chennai - 600 079.

3.The Assistant Revenue Officer Zone - 5 Greater Chennai Corporation Basin Bridge Road, Chennai - 600 079.

4.The Assistant Engineer Division 50 Metro Water & Sewage Board Royapuram, Chennai - 600 013.

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V.M.VELUMANI, J.

AND V.LAKSHMINARAYANAN, J.

TK 07.03.2023 6/6