T.Subbarayalu v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.05.2019

CORAM

THE HON'BLE MR.JUSTICE N.SATHISH KUMAR & THE HON'BLE MS.JUSTICE P.T.ASHA W.P.No.15067 of 2019 Mr.T.Subbarayalu ... Petitioner vs.

1. The District Collector, Chennai Singaravelar Maligai Chennai - 600 001.

2. The Managing Director, No.5, Kamarajarsalai, Tamilnadu Slum Clearance Board, Chennai - 600 005.

3. The Commissioner, Corporation of Chennai, Chennai - 600 003.

4. Mr.Doss, No.34, Chandrayogi Samadhi Salai, Mangalapuram, Sastri Nagar, Perambur, Chennai - 600 012.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the first to third respondent to dispose the representation dated 10.04.2019 pending on the file of the First to Third respondent in accordance with law and to pass such further or other orders. For Petitioner : Mr.M.Jaikumar For Respondent : Mrs.K.Bhuvaneswari, Additional Government Pleader for R1 Mr.V.C.Selvasekar for R3 *****

O R D E R

(Order of the Court was made by Mr.N.SATHISH KUMAR, J.) Petitioner has filed this Writ Petition seeking issuance of a Writ of Mandamus directing the respondents 1 to 3 to consider his representation dated 10.04.2019 pending on the file of respondents 1 to 3.

2. Heard Mr.M.Jaikumar, learned counsel for the petitioner and Mrs.K.Bhuvaneswari, learned Additional Government Pleader for first respondent and Mr.V.C.Selvasekar, learned counsel for third respondent.

3. Learned counsel for petitioner submits that Tamil Nadu Slum Clearance Board has allotted Plot No.20 as common usage plot of the public as Public Toilet and Plot No.21 was kept as vacant plot as per the allotment register. Fourth respondent herein was alloted with Plot No.22 by Tamil Nadu Slum Clearance Board. He further submits that fourth respondent has encroached plot No.21 along with 6 1⁄2 feet Lane the common pathway. The grievance of the petitioner is that the common Well situated in Plot No.21 has been getting closed by the fourth respondent and the common pathway used by the public for several years has also been encroached by the fourth respondent. Hence, the petitioner has given a representation dated 10.04.2019 to respondents 1 to 3 requesting them to take necessary action to clear the encroachment from Plot No.21 and the above said 6 1⁄2 feet common pathway. Since no action has been taken on the said representation, petitioner is before this Court with the present Writ Petition.

4. In response, learned counsel for respondents submitted that necessary action will be taken on the petitioner's representation dated 10.04.2019 at the earliest.

5. Considering the submissions made, this Court directs the respondent Nos.1 to 3 to consider the petitioner's representation dated 10.04.2019 in accordance with law after putting on notice respondent No.4 and pass orders on merits as expeditiously as possible.

With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar vsm

To

1. The District Collector, Chennai Singaravelar Maligai Chennai - 600 001.

2. The Managing Director, No.5, Kamarajarsalai, Tamilnadu Slum Clearance Board, Chennai - 600 005.

3. The Commissioner, Corporation of Chennai, Chennai - 600 003.

+1 cc to Government Pleader Sr.No. 44438 W.P.No.15067 of 2019 A.SK(14/06/2019)