N.Jothi Ramalingam v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.06.2025

CORAM

THE HONOURABLE MRS. JUSTICE J.NISHA BANU AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN N.Jothi Ramalingam

...Petitioner

Vs.

1. The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai - 600 003.

2. The Zonal Officer (Zone 9) Greater Chennai Corporation, No.4, 4th Cross Street, Lake View Road, Chennai - 600 034.

3. The Executive Engineer, DIV - 122, Zone 9, No.4, 4th Cross Street, Lake View Road, Chennai - 600 034.

4. The Assistant Engineer, DIV - 122, Zone 9, No.4, 4th Cross Street, Lake View Road, Chennai - 600 034.

5. A.Paramasivam S/o Late Angumudaliar

6. Ganesan, S/o Late Angumudaliar.

... Respondents

Prayer: Writ Petition filed under Article 226 of th Constitution of India seeking to issue a Writ of Mandamus to direct the 1st respondent to consider my representation dated 26.03.2025 or any other alternative remedy.

For Petitioners : Mr.S.Lokesh For Respondents : Mr.D.B.R.Prabhu, Standing Counsel for R1 to R4

ORDER

(Order of the Court was delivered by J.Nisha Banu, J.) This Writ Petition has been filed seeking to issue a Writ of Mandamus to to direct the 1st respondent to consider the petitioner's representation dated 26.03.2025.

2. The case of the petitioner is that the 5th and 6th respondents were constructing three storeyed building in front of the petitioner's house by exceeding the demolition and reconstruction planning permission issued by the Greater Chennai Corporation. The 5th and 6th respondents originally got approval to construct a building for 5100 sq.ft only but without proper authorization, by occupying the common passage of the petitioner's house on the right side, they are constructing nearly 11,000 sq.ft., in the first, second & third floor in front of the petitioner's house and back side of the 4th and 5th respondents house illegally, by causing

inconvenience and obstructing the petitioner's house, pathway and common passage etc. Though the petitioner has given a detailed representation dated 26.03.2025 to the respondents 1 to 3, they have not taken any action against the 5th and 6th respondents till date. Hence, the present writ petition.

3. Heard the learned counsel for the petitioners,the learned Standing Counsel appearing for the respondents 1 to 4 and perused the materials available on record.

4. Considering the limited scope of the prayer sought for by the petitioner in this writ petition, we direct the 1st respondent to consider the representation of the petitioner dated 26.03.2025 and pass appropriate orders on the same on merits and in accordance with law, after giving opportunity to the petitioner as well as the 5th and 6th respondents and any other interested parties, if any. Such exercise shall be done by the 1st respondent within a period of eight weeks from the date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed of. No costs. [J.N.B.,J.] [M.J.R.,J.] 02.06.2025 vsi Index:Yes/No Speaking order/Non-speaking order

To

1. The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai - 600 003.

2. The Zonal Officer (Zone 9) Greater Chennai Corporation, No.4, 4th Cross Street, Lake View Road, Chennai - 600 034.

3. The Executive Engineer, DIV - 122, Zone 9, No.4, 4th Cross Street, Lake View Road, Chennai - 600 034.

4. The Assistant Engineer, DIV - 122, Zone 9, No.4, 4th Cross Street, Lake View Road, Chennai - 600 034.

J.NISHA BANU,J.

AND M.JOTHIRAMAN,J.

vsi .

02.06.2025