N.Kartheesan, v. The Commissisoner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.02.2018

CORAM

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM WP.No.30828 of 2013 N.Kartheesan

...Petitioner

Vs.

1. The Commissioner, Corporation of Chennai, Ripon Building, Periyar EVR Salai, Chennai.

2. The Executive Engineer, Zone-8, Corporation of Chennai, Shenoy Nagar, Chennai.

3. N.Durai Raj

...Respondents

PRAYER: Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the 2nd respondent to consider the petitioner's representation dated 22.10.2012 and pass appropriate orders in accordance with law within a stipulated time fixed by this Court. For Petitioner : Mr.J.Antony Jesus For Respondents : Mr.V.C.Selvasekaran, (for RR1 & 2) Mr.T.Sudhan Rao (for R3)

ORDER

The petitioner has come up with the present writ petition seeking direction to the 2nd respondent to consider his representation dated 22.10.2012 and pass orders with in a stipulated time.

2. Heard the learned counsel for the petitioner, learned Standing Counsel for the respondents 1 & 2 and the learned counsel for the 3rd respondent.

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3. The learned counsel for the petitioner submitted that it would suffice, if a direction is issued to the 2nd respondent to consider his representation.

4. The learned Standing Counsel for the Corporation of Chennai / respondents 1 & 2 submitted that the competent authority is the Assistant Revenue Officer, Zone-VIII, Corporation of Chennai and if a fresh representation is given, the same would be considered by him.

5. The learned counsel for the 3rd respondent submitted that the petitioner has no right in the property in dispute.

6. In the light of the prayer sought for in the writ petition and the submission of the learned Standing Counsel for the Corporation of Chennai / respondents 1 and 2, the petitioner is directed to give fresh representation to the Assistant Revenue Officer, Zone-VIII, Corporation of Chennai. On such compliance, the Assistant Revenue Officer, Zone-VIII, Corporation of Chennai is directed to dispose of the said representation on merits and in accordance with law, after providing opportunity of hearing to the necessary parties.

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

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar pvs To

1. The Commissioner, Corporation of Chennai, Ripon Building, Periyar EVR Salai, Chennai.

2. The Executive Engineer, Zone-8, Corporation of Chennai, Shenoy Nagar, Chennai.

3. The Assistant Revenue Officer, Zone-VIII, Corporation of Chennai.

+1cc to Mr.J.ANTONY JESUS, Advocate, S.R.No. 15522 WP.No.30828 of 2013 TR(19/03/2018) https://hcservices.ecourts.gov.in/hcservices/