S. Balaji B.Com. Bl v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.06.2023
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE P. DHANABAL W.P.No.17645 of 2023 S.Balaji ...
Petitioner versus 1.The Commissioner, Corporation of Greater Chennai, Ripon Building, Chennai-600 017.
2.The Executive Engineer-IX, Greater Chennai Corporation, Zone-IX, No.1, Laka Area 4th Cross Street, Nungambakkam, Chennai-600 034.
3.Ashok Anand. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for the issuance of a writ of Mandamus directing the respondents to consider the petitioner's representation dated 22.05.2023.
For Petitioner : Mr.G.Balajivenkateshwaran For Respondents : Mr.D.B.R.Prabhu Standing Counsel for respondents 1 and 2 1/4
ORDER
(Order of the Court was made by D.KRISHNAKUMAR, J.) This writ petition has been filed for a Mandamus directing the respondents to consider the petitioner's representation dated 22.05.2023.
2. According to the petitioner, he is the owner of the property bearing door old No.7/A1, New No.2/1, Basudev Street, T.Nagar, consisting of ground plus first floor measuring about 3007 sq.ft. bearing 6516/1, Block No.140 R.S.No.117/4 and 117/5 situated in No.7A, Basudev Street, T.Nagar Village in registration district of South Madras and Registration Sub District of Thygaraya Nagar Chennai600017 and he is residing with his family. The petitioner states that his brother S.Ashok Anand is the owner of the other portion of the property. It is further stated by the petitioner that the portion of which he is the owner and the other portion of which his brother is the owner, both originally belonged to their mother and after the demise of their mother, there was a partition, due to which both of them became 2/4
owners of specified portions. Subsequent to the partition, the petitioner has been regularly paying property tax till date for his portion. While so, he received a notice, dated 12.05.2023 from the second-respondent to discontinue occupation, at the instigation of his brother.
3. According to the petitioner, the said notice, though issued to him, bears the address of the property, of which brother is the owner. He has nothing to do with that property. Therefore by explaining all details, he made a representation dated 22.05.2023 to the respondent to withdraw the lock and seal notice dated 12.05.2023 wrongly sent to him, and the same is still pending.
4. Therefore, the first respondent is directed to consider the petitioner's representation dated 22.05.2023, on merits and in accordance with law, after providing an opportunity to the petitioner as well as to other interested parties and to pass orders as expeditiously as possible, within a period of four weeks from the date of receipt of a copy of this order.
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D.KRISHNAKUMAR, J.
and P. DHANABAL, J.
(mrn)
5. the above directions, the writ petition stands disposed of. [D.K.K., J.] [P.D.B., J.] 23.06.2023 Index : Yes/No mrn To 1.The Commissioner, Corporation of Greater Chennai, Ripon Building, Chennai-600 017.
2.The Executive Engineer-IX, Greater Chennai Corporation, Zone-IX, No.1, Laka Area 4th Cross Street, Nungambakkam, Chennai-600 034.
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