M.K.Mustaffa, v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.08.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P. No.20317 of 2016 M.K.Mustaffa .. Petitioner -vs1.The Commissioner, Corporation of Greater Chennai, Rippon Building, Chennai.

2.The Assistant Engineer, Zone VIII, No.36b/12b, Pulla Avenue, Aminjikarai, Chennai-600 029.

3.The Inspector of Police, K3, Aminjikarai Police Station, Chennai.

4.Mohana Sundaram .. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the 1st to 3rd respondent to remove the illegal Hoarding Structure erected by the 4th respondent at Old No.633/5, New No.733, P H Road, Aminjikarai, Chennai-29 within a stipulated time as fixed by this Hon'ble Court.

For Petitioner :

Mr.R.Rajesh Kumar For Respondents :

Mr.K.Soundararajan for R1 & R2 Mr.T.N.Rajagopalan Spl. G.P. for R3 Mr.C.P.Sivamohan for R4

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) Respondent No.4 has entered appearance and admits that as yet no license has been issued for installation, though application is stated to have been made on 25.06.2016. We may note that even this application is post filing of the writ petition and the orders being passed by this Court.

2. In view of the aforesaid, in so far as the application for license is concerned, that will be dealt with on its own merits by the competent authorities. But respondent No.4 cannot put the cart before the horse by installing a huge grill structure anticipating the approval of the District Collector.

3. We grant fifteen days' time to respondent No.4 to remove the grill structure, failing which the Corporation will take down the same within fifteen days thereafter at the costs of respondent No.4.

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

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar bbr To 1.The Commissioner, Corporation of Greater Chennai, Rippon Building, Chennai.

2.The Assistant Engineer, Zone VIII, No.36b/12b, Pulla Avenue, Aminjikarai, Chennai-600 029.

3.The Inspector of Police, K3, Aminjikarai Police Station, Chennai.

Copy to The Section Officer, Writ Section, High Court Madras.

+1cc to Mr.K.Soundararajan, Advocate Sr.46662 +1cc to Mr.R.Rajeshkumar, Adovocate Sr.46872 +1cc to Mr.C.P.Sivamohan, Advocate Sr.46908 +1cc to the Government Pleader Sr.46690 W.P.No.20317 of 2016 mg[co] srg 22/08/2016