Valli Rajan v. The Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.06.2019 CORAM :
THE HON'BLE MRS.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P. NO.16943 OF 2019 Valli Rajan .. Petitioner -vs1. The Commissioner, Corporation of Chennai, Ripon Building, Chennai.
2. The Member Secretary, Chennai Metropolitan Development Authority, Egmore, Chennai 600 008.
3. Assistant Executive Engineer, Zone 10, Corporation of Chennai.
4. The Zonal Executive Engineer, Zone XIII, No.115, Dr.Muthu Lakshmi Salai, Chennai 600 020.
5. The Thasildar, Vellacherry Taluk, Velacherry, Chennai 600 042.
6. N.Siva Kumar .. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the 1st and 2nd respondents to dispose of the petitioner's representation dated 27.02.2019 within the time period stipulated by this Court. For Petitioner :
Mr.M.Sundara Pandya Raja For Respondents :
Dr.C.Ravichandran Stdg. Counsel for RR-1, 3 & 4 :
Mr.Karthik Rajan Stdg. Counsel for R-2 :
Mr.S.N.Parthasarathy Govt. Advocate for R-5
O R D E R
(Order of the Court was made by The Hon'ble Chief Justice) Heard the learned counsel for the petitioner, Dr.C.Ravichandran, learned Standing Counsel for respondent nos.1, 3 and 4, Mr.Karthik Rajan, learned Standing Counsel for respondent no.2 and Mr.S.N.Parthasarathy, learned Government Advocate, for respondent no.5.
2.The case of the petitioner is that she is the owner of the land in Plot No.88 of an extent of 4800 sq. ft. situated at Sri Bhuvaneshwari Nagar, Velacherry, Chennai. According to the petitioner, the respondent no.6 has put up construction of 9 flats in Plot Nos.145 and 146 and in Plot no.88 and the said construction is unauthorised. In view of this fact, the petitioner preferred a representation dated 27.02.2019 to respondent nos.1 and 2. The prayer of the petitioner is that the said representation be considered as expeditiously as possible.
3.The learned counsel appearing for respondent nos.1, 3 and 4, stated that the proper authority to consider the representation is respondent no.4.
The learned counsel appearing for respondent no.2 stated that on receipt of the representation of the petitioner, it was forwarded to respondent no.4, that is, The Zonal Executive Engineer, Zone XIII. 4.In view of the limited prayer made by the petitioner, that is representation to be considered as expeditiously as possible, without going into the merits of the contentions raised by the learned counsel for the petitioner, we direct respondent no.4 to consider the representation dated 27.02.2019 preferred by the petitioner within a period of six weeks from the date of receipt of a copy of this order, after giving notice to respondent no.6. With the above direction, the writ petition is disposed of. No costs.
Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar sra
To
1. The Commissioner, Corporation of Chennai, Ripon Building, Chennai.
2. The Member Secretary, Chennai Metropolitan Development Authority, Egmore, Chennai 600 008.
3. Assistant Executive Engineer, Zone 10, Corporation of Chennai.
4. The Zonal Executive Engineer, Zone XIII, No.115, Dr.Muthu Lakshmi Salai, Chennai 600 020.
5. The Thasildar, Vellacherry Taluk, Velacherry, Chennai 600 042.
+1cc to Mr.M.Sundara Pandya Raja, Advocate, S.R.No.50868 +1cc to Dr.C.Ravichandran, Advocate, S.R.No.51105 +1cc to Mr.Karthik Rajan, Advocate, S.R.No.51488 +1cc to the Government Pleader, S.R.No.51767 W.P.No.16943 of 2019 SKV(CO) CS/29/07/2019