Madras High CourtWP/30645/2012disposed of

Smt.E.Victoria v. The Commissioner

2015-10-29Honourable Mr Justice M. Jaichandren3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.10.2015

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN Writ Petition No.30645 of 2012 E.VICTORIA ... PETITIONER Vs

1. THE COMMISSIONER CORPORATION OF CHENNAI RIPON BUILDING CHENNAI 3

2. THE ASSISTANT ENGINEER WARD NO. 154 ZONE X CORPORATION OF CHENNAI TIRUVANMIYUR CHENNAI 42

3. THE INSPECTOR OF POLICE J-7 VELECHERY POLICE STATION CHENNAI 42 ... RESPONDENTS This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus forbearing the respondents from putting up public toilet or interfering with the peaceful possession and enjoyment of the petitioner's property in Plot No.1 Door No.140 to an extent of 374 sq.ft. of land and Plot No.4, Door No.139-A, to an extent of 850 sq.ft. of land at Pillaiyar Koil Street, Tharamani Post, Kanagam, Chennai 113.

For petitioner : Mr.M.V.Muralidaran For respondents : Mr.Karthika Ashok for R1 and R2 Mr.R.Ravichandran AGP for R3

O R D E R

Heard the learned counsel appearing for the petitioner and the learned counsels appearing for the respondents.

2. At this stage of the hearing of the writ petition, the learned counsel appearing for the petitioner had submitted that it would suffice if the petitioner is permitted to make a representation to the first respondent, with regard to the reliefs prayed for in the writ petition and if the first respondent is directed to dispose of the same, on merits, within a specified time.

3. The learned counsels appearing for the respondents have no objection for this Court passing such an order.

4. In view of the submissions made by the learned counsels appearing for the parties concerned, the petitioner is permitted to make a representation to the first respondent, with regard to the reliefs prayed for in the writ petition, within a period of two weeks from today, and on such representation being submitted, the first respondent shall pass appropriate orders thereon, on merits and in accordance with law, after giving an opportunity of hearing to the petitioner and the other persons concerned, if any, within a period of eight weeks thereafter.

5. With the above directions, the writ petition stands disposed of. No costs. Connected M.P.No.1 of 2012 is closed. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar lan To:

1. THE COMMISSIONER CORPORATION OF CHENNAI RIPON BUILDING CHENNAI 3

2. THE ASSISTANT ENGINEER WARD NO. 154 ZONE X CORPORATION OF CHENNAI TIRUVANMIYUR CHENNAI 42

3. THE INSPECTOR OF POLICE J-7 VELECHERY POLICE STATION CHENNAI 42 +1cc to Mr.M.V.Muralidaran, Advocate, S.R.No.59428 +1cc to Mr.Karthika Ashok, Advocate, S.R.No.59044 +1cc to the Government Pleader, S.R.No.59221 Writ Petition No.30645 of 2012 SK(CO) CA(17/11/2015)