D.Sumathi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.11.2015

CORAM:

THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE DR. JUSTICE P. DEVADASS W.P. No.32773 of 2015 D. Sumathi Petitioner Vs.

The District Collector Tiruvallur The Tahsildar Madhavaram Tiruvallur District The Managing Director Metro Water Department No.1, Pumping Station Road Anna Salai, Chinthadripet Chennai 600 002 The Managing Director Metro Water Department Puzhal Chennai 600 066 The Executive Engineer Chennai Corporation - Zone 7 No.536, Ambattur Chennai 600 053 Dinakaran Respondents Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the 5th respondent to demolish the illegal construction made by the 6th respondent at Metro Water land as well as in the petitioner's Plot No.395 in Survey No.190/B14A4(190/B416) situated at Surapet Village, Ambattur Taluk, Tiruvallur District based on communication dated 21.05.2015 issued by the Tahsildar, Madhavaram.

For petitioner Mr. R. Venkatesulu For RR 1 & 2 Mr. N. Sakthivel, Govt. Advocate For R5 Mr. V.C. Selvasekaran, Standing Counsel

ORDER

(delivered by SATISH K. AGNIHOTRI, J.) Mr. N. Sakthivel, learned Government Advocate, accepts notice for respondents 1 and 2. Mr. V.C. Selvasekaran, learned Standing Counsel, accepts notice for the fifth respondent. This writ petition is filed seeking a writ of mandamus directing the 5th respondent to demolish the illegal construction made by the 6th respondent at Metro Water land as well as in the petitioner's Plot No.395 in Survey No.190/B14A4(190/B416) situated at Surapet Village, Ambattur Taluk, Tiruvallur District, based on the communication dated 21 May 2015 issued by the Tahsildar, Madhavaram.

As is evident from the aforestated prayer, the petitioner seeks a direction to the fifth respondent, viz., Chennai Corporation, to demolish the illegal construction put up by the sixth respondent. But, even according to the learned counsel for the petitioner, the petitioner has not addressed any representation to the fifth respondent. Without there being any representation having been made to the fifth respondent, we are afraid that the relief as sought by the petitioner cannot be granted.

In view of the foregoing, this writ petition fails and is accordingly dismissed. However, liberty is reserved to the petitioner to make an appropriate representation to the authority concerned and on such representation being made, the authority concerned is under an obligation to consider the same on its own merits and in accordance with law and take consequential decision, after affording an opportunity of hearing to the alleged encroacher. Costs made easy. Sd/ ASSISTANT REGISTRAR(CO) /TRUE COPY/ SUB-ASSISTANT REGISTRAR cad

To The District Collector Tiruvallur The Tahsildar Madhavaram Tiruvallur District The Managing Director Metro Water Department No.1, Pumping Station Road Anna Salai,Chinthadripet, Chennai 600 002 The Managing Director Metro Water Department Puzhal, Chennai 600 066 The Executive Engineer Chennai Corporation - Zone 7 No.536, Ambattur Chennai 600 053 +1 CC to M/s.Usha Raman Advocate. SR.NO.63721 +1 CC to Govt.Pleader. SR.NO. 63572 W.P. No.32773 of 2015 CO-NM JD 09/12/2015