G.Govindaraj v. The District Collector
In the High Court of Judicature at Madras Dated : 20.10.2017 Coram The Honourable Mr.Justice M.M. SUNDRESH and The Hon'ble Mr.Justice M. SUNDAR Writ Petition No.26964 of 2017 G. Govindaraj ..... Petitioner ..vs..
1. The District Collector, O/o Chennai District, Chennai
2. The Member Secretary, Chennai Metropolitan Development Authority, " Thalamuthu Natarajan Building, No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008
3. The Commissioner, Greater Chennai Corporation, Chennai - 600 003
4. Gokulam Park Hotel, No.67, Jawaharlal Nehru Road, Ashok Nagar, Chennai - 600 083 .... Respondents Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Mandamus directing the respondents 1 to 3 to initiate proceedings on the basis of the petitioner's representation dated 21.04.2017 and the order passed by the second respondent date 31.05.2017 in respect of the encroachment and violation of the construction of building by the fourth respondent.
For petitioner :
Mr.D. Bharathy For 1st respondent : Ms.Vasutha Thiagarajan AGP For 2nd respondent :
Mr.N. Sampath For 3rd respondent : Mr.V.C. Selvasekaran
ORDER
(Order of the court was delivered by M. M. SUNDRESH,J.,) This Public Interest Litigation is filed by the petitioner, seeking action against the fourth respondent, who is said to have put up construction, contrary to the building laws. 2.
The documents, filed, would show that the second respondent has also informed the petitioner that there is no record available in his office for the approval given for the construction made already. A communication dated 31.05.2017 has also been sent by the second respondent to the third respondent to initiate proceedings and take proper action against the construction made by the fourth respondent. But, the communication of the second respondent dated 31.05.2017 is yet to be acted upon.
3.
Therefore, we call upon the third respondent i.e., the Commissioner, Greater Chennai Corporation to take appropriate action, in pursuant to the aforesaid communication of the second respondent dated 31.05.2017 as per law, after due notice to the parties concerned, including the petitioner and the fourth respondent. Appropriate orders have to be passed within a period of eight weeks from the date of receipt of a copy of this order. With the above direction, the writ petition is disposed of. No costs.
Sd/- Assistant Registrar /TRUE COPY/ Sub Assistant Registrar sr
To
1. The District Collector, O/o Chennai District, Chennai
2. The Member Secretary, Chennai Metropolitan Development Authority, " Thalamuthu Natarajan Building, No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008
3. The Commissioner, Greater Chennai Corporation, Chennai - 600 003 +1 C.C. to M/S. Government Pleader SR.NO. 74325 +1 C.C. to M/S.MR.D.BHARATHY Advocate SR.NO. 74323 W.P.No.26964 of 2017 SAI(CO) T.R (10/11/2017)