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Madras High CourtWP/27015/2017disposed of

K.K.Rajendran, v. The Principal Secretary To

2017-10-20Honourable Mr Justice M. Sundar,Honourable Mr Justice M.M.Sundresh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 20.10.2017

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE M.SUNDAR W.P.No.27015 of 2017 K.K.Rajendran ... Petitioner Vs.

1.The Principal Secretary to Government, Housing and Urban Development Department, Fort St. George, Chennai-600 009.

2.The Commissioner, Greater Chennai Corporation, Rippon Buildings, Chennai-600 003.

3.The Member Secretary, Chennai Metropolitan Development Authority, II Floor, West Wing, Thalamuthu-Natarajan Buildings, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008.

4.The Executive Engineer, Zone-VII, Greater Chennai Corporation, CTH Road, Ambattur, Chennai-600 053.

5.Y.Pondurai ... Respondents Prayer:-Writ petition is filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the Respondent Nos.1 to 4 to consider the petitioner's representation dated 24.9.2017 to take necessary legal action against the unauthorised construction is being carried out at Padi Village comprised in Survey Nos.37/Part 34/Part 32/Part (T.S.No.2/3) Ambattur Taluk, Thiruvallur Taluk, (on the western side of the New Saravana Stores, Padi) by the 5th respondent herein within a time to be fixed by this Honourable Court in order to prevent the untoward happenings.

For Petitioner : Mr.G.Mohana Krishnan for M/s S.Sarasu Muthu For Respondent : Mr.T.N.Rajagopalan Government Pleader (i/c) for R1 Mr.N.Sampath for R3

ORDER

(Order of the Court was made by M.M.SUNDRESH,J.) The petitioner, claiming to be a social worker, has filed the above public interest litigation seeking to consider the representation dated 24.09.2017 on the premise that the respondent No.5 is going on with the construction of the multistorey building without even planning permission either from the respondent No.2 or the respondent No.3, as the case may be.

2. The learned counsel appearing for the petitioner would submit that the communication sent by the respondent No.3 would show that no approval has been obtained by the respondent No.5. Though a representation has been given to the respondent No.3 on 24.07.2017 seeking appropriate direction, there is no progress. Therefore, a direction will have to be issued to the respondent No.3 to look into the representation of the petitioner.

3. Considering the submission made, particularly, by taking note of the communication sent by the respondent No.3 dated 13.09.2017 coupled with the fact that the representation dated 24.09.2017 is pending consideration, a direction is issued to respondent No.3 to pass appropriate orders on the said representation of the petitioner within a period of eight weeks from the date of receipt of a copy of this order, after giving notice to the petitioner and the respondent No.5.

4. The writ petition stands disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar raa To 1.The Principal Secretary to Government, Housing and Urban Development Department, Fort St. George, Chennai-600 009.

2.The Commissioner, Greater Chennai Corporation, Rippon Buildings, Chennai-600 003.

3.The Member Secretary, Chennai Metropolitan Development Authority, II Floor, West Wing, Thalamuthu-Natarajan Buildings, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008.

4.The Executive Engineer, Zone-VII, Greater Chennai Corporation, CTH Road, Ambattur, Chennai-600 053.

+1cc to Mr.S.Sarasumuthu, Advocate, S.R.No.74233 +1cc to the Government Pleader, S.R.No.74354 W.P.No.27015 of 2017 CS V CA(09/11/2017)