D.Ashwath v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.06.2016

CORAM

THE HONOURABLE MR. JUSTICE N.KIRUBAKARAN W.P. No. 20892 of 2016 and WMP. No. 17901 of 2016 D.Ashwath ..Petitioner Vs.

1.

The Commissioner, Greater Chennai Corporation, Rippon Buildings, Chennai 600 003.

2.

The Regional Commissioner, Corporation of Chennai, Regional Office South No.115, Dr.Muthulakshmi Salai, Adyar, Chennai 600 020.

3.

M/s.Suvedaa Homes Represented by its Managing Director V.Dhandapani ..Respondents Prayer:

Petition under Article 226 of the Constitution of India praying for issue of a Writ of Mandamus directing the respondents 1 and 2 herein to remove the illegal construction put up by the thrid respondent herein as prayed for in the petitioner's representation dated 01.06.2016. For Petitioner ::

Mr.Bhagavath Krishnan for M/s.Srinath Sridevan For R1 & R2 ::

Mr.P.V. Selvakumar

ORDER

It is contended by the learned counsel for the petitioner that without leaving immediate set-back space, the third respondent is making construction abutting and adjoining the https://hcservices.ecourts.gov.in/hcservices/

petitioner's property. In this regard, the petitioner has given a complaint to respondents 1 and 2 on 01.06.2016 and it has not been disposed of. Therefore, the petitioner has come forward with the present writ petition.

2. Heard Mr.Bhagavath Krishnan, learned counsel representing M/s.Srinath Sridevan, learned counsel for the petitioner and Mr.P.V.Selvakumar, learned counsel for the respondents 1 and 2.

3. Considering the relief sought for herein, without going into the merits of the claim made by the petitioner, this Court directs the second respondent to look into the representation made by the petitioner dated 01.06.2016 on merits, as per law, after issuing notice to the third respondent and after hearing the third respondent. The petitioner's representation is directed to be disposed of within a period of eight weeks from the date of receipt of a copy of this order. Since only a direction is given, there is no necessity to issue notice to the third respondent. However, it is made clear that the second respondent shall not dispose of the petitioner's representation without issuing notice and without providing an opportunity of hearing to the third respondent.

4. The writ petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar To 1.

The Commissioner, Greater Chennai Corporation, Rippon Buildings, Chennai 600 003.

2.

The Regional Commissioner, Corporation of Chennai, Regional Office South No.115, Dr.Muthulakshmi Salai, Adyar, Chennai 600 020.

1 cc to M/s.Srinath Sridevan, Advocate, 34839 W.P. No. 20892 of 2016 ala co, kra 13.07.2016 https://hcservices.ecourts.gov.in/hcservices/