R.Rajabharathi v. Pallavaram Municipality

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-02-2015

CORAM:

THE HONOURABLE MR. JUSTICE SATISH K. AGNIHOTRI AND THE HONOURABLE MR. JUSTICE M. VENUGOPAL W.P. No.3254 of 2015 1 R.Rajabharathi S/o.Pon Ravanan Flat No.F1 Ruby Valley Phase II R.K.V.Avenue Jamin Pallavaram Chennai-600 043 Vs 1 Pallavaram Municipality Rep. by its Commissiner 3rd Main Road New Colony Chromepet Tamilnadu 600 044 2 The Corporation of Chennai rep. by its Commissioner Rippon Building Chennai 3 Chennai Metropolitan Development Authority rep. by its Member Secretary Thalamuthu Natrajan Maligai Gandhi Irwin Road Egmore Chennai-8 4 Siva Insperctor (Retired) F/o.S.Rani NO.59 R.K.

V.Avenue 2nd Cross Street Zamin Pallavaram Chennai-600 117 5 S.Rani NO.59 R.K.V.Avenue 2nd Cross Street Zamin Pallavaram Chennai-600 117 6 Sridevi No.59 R.K.V.Avenue 2nd Cross Street Zamin Pallavaram Chennai-600 117 Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing respondents 1 to 3 to immediately inspect the land in Survey No.183/8 and the property of

the respondents 4 to 6 in Door No.59 R.K.V.Avenue 2nd Cross Street Zamin Pallavaram Chennai-600 117 demolish the portion encroached by the respondents 4 to 6 and the deviation made by them to the approved plan within stipulated period For petitioner Mr. S. Saravana Kumar For R 1 Mr. P. Srinivas For R2 Mr. G. Anantharangan For R3 Mr. N. Sampath - - - - -

ORDER

(Order of the Court was made by SATISH K. AGNIHOTRI, J.) With consent, the writ petition is taken up for final disposal, at the admission stage itself.

2.

The petitioner has come up with this petition seeking a direction to the respondent Nos. 1 to 3 to take consequential action to the order dated 11-12-2014 issued by the Commissioner, Pallavaram Municipality. It is further stated that the petitioner has made a representation to the first respondent on 07-01-2015 endorsing a copy to the other respondents for taking action in accordance with law and on its own merit, stating that the respondent Nos.4 to 6 have illegally put up a structure on the public land, more particularly, in survey No.183/8. Thus, a direction be issued to the respondent Nos.1 to 3 to take action immediately for demolition of the said structure and removal of the same.

3.

Mr. P. Srinivas, learned Standing counsel for the first respondent, Mr. G. Anantha Rangan, learned Standing Counsel for the second respondent, Mr. N. Sampath, learned Standing Counsel for the third respondent accepts notice and submits that the representation dated 07-01-2015 of the petitioner will be considered in accordance with law and on its own merits, expeditiously. 4.

The respondent Nos.4 to 6 are private respondents. Notice have been issued to the respondent Nos.5 and 6 on 11-12-2014, by the first respondent under provisions of Section 182, 183 and 199 of the amended Tamil Nadu District Municipalities Act. It is not clear as to whether a notice has been issued to the said fourth respondent at any point of time. If the fourth respondent has not been notified, the

authorities are directed to serve proper notice and thereafter, take action in accordance with law and on merits, however, not later than four weeks, from the date of receipt of a copy of this order. The writ petition stands disposed of with the above direction. No costs.

Sd/- Assistant Registrar / Ture copy / Sub Assistant Registrar glp To 1 The Commissioner Pallavaram Municipality 3rd Main Road New Colony Chromepet Tamilnadu 600 044 2 The Commissioner Corporation of Chennai Rippon Building Chennai 3 The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natrajan Maligai Gandhi Irwin Road Egmore Chennai-8 +1 cc to Mr.S.Saravana Kumar, Advocate SR.7144 +1 cc to Mr.P.Srinivas, Advocate SR.7037 +1 cc to MR.G.Anantharangan, Advocate SR.7019 +1 cc to Government Pleader SR.7178 W.P.No. 3254 of 2015 RV(CO) VS 24/02/15

10.02.2015