A/M.Dhenupureeswarar Thirukoil v. The Executive Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.10.2020

CORAM

THE HON'BLE MR.JUSTICE M.M.SUNDRESH and THE HON'BLE MRS.JUSTICE R.HEMALATHA W.P.No. 14004 of 2020 and W.M.P.No.17391 of 2020 A/m.Dhenupureeswarar Thirukoil Rep. By its Executive Officer, Madambakkam, Chennai - 600 126.

.. Petitioner Vs 1.The Executive Officer, Town Panchayat Office, Madambakkam, Chennai - 600 126.

2.Kasturi .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the first respondent to consider the representation of the petitioner dated 18.09.2020 and take suitable action in respect of the illegal construction being made by the second respondent on land bearing Door No.15, Mooventhar Street, Madampakkam, Chennai - 600 126.

For Petitioner ..

Mr.A.K.Sriram for M/s.A.S.Kailasam And Ass.

For Respondents ..

Mr.V.Jayaprakash Narayanan Government Pleader for R1

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) Seeking a direction to the first respondent to consider the representation of the petitioner dated 18.09.2020 and take suitable action in respect of the illegal construction being made by the second respondent on land bearing Door No.15, Mooventhar Street, Madampakkam, Chennai - 600 126, the present writ petition has been filed.

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2. Heard the learned counsel appearing for the parties.

3. The petitioner is the temple. Pursuant to the representation made on 18.09.2020, the petitioner approached this Court seeking appropriate action on the same on the premise that the second respondent has put up an illegal construction over the property belonging to her.

4. Learned Government Pleader appearing for the first respondent submitted that the representation of the petitioner as aforesaid is being looked into and the stop-work notice has already been issued apart from calling the second respondent to produce the sanctioned plan. After getting the response, the follow up action will be taken.

5. In such view of the matter, the writ petition stands disposed of by directing the first respondent to conclude the aforesaid proceedings within a period of eight weeks from the date of receipt of a copy of this order. Needless to state that apart from the second respondent, the petitioner also will have to be heard in that process. As we are not passing any positive order affecting the rights of the second respondent, we feel that there is no need to hear her in this writ petition. No Costs. Consequently, the connected miscellaneous petition is closed.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar mmi/ssm To The Executive Officer, Town Panchayat Office, Madambakkam,Chennai - 600 126.

+1 CC to Mrs.A.S. Kailasam, Advocate sr 32277 +1 CC to The Govt. Pleader sr 32452.

W.P.No. 14004 of 2020 EV(CO) SP(15/10/2020) https://hcservices.ecourts.gov.in/hcservices/