G.S.K. Padmanaban, v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.11.2015

CORAM:

THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE DR.JUSTICE P. DEVADASS W.P. No.34927 of 2015 and M.P. No.1 of 2015 G.S.K. Padmanaban Petitioner vs.

The Commissioner Villupuram Municipality Villupuram Geetha V. Anandaraj Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the first respondent to remove forthwith the encroachment in the nature of concrete wall put up by the respondents 2 and 3 in the Busthuthi Street in T.S. No.59 at Sundarraj Nagar, Villupuram. For petitioner Mr. N. Suresh For R1 Mr. N. Sakthivel Government Advocate - - - - -

ORDER

(delivered by SATISH K. AGNIHOTRI, J.) Mr. N. Sakthivel, learned Government Advocate, accepts notice for the first respondent. Notice to respondents 2 and 3 is dispensed with at this stage, as no action having adverse impact on their rights, shall be taken by the authorities without affording an opportunity of hearing to them. Thus, with the consent of the learned counsel for the petitioner and the learned Government Advocate appearing for the first respondent,

the writ petition is taken up for final disposal, at the admission stage itself.

This writ petition is filed seeking a direction to the first respondent to remove forthwith, the encroachment allegedly made by respondents 2 and 3 in T.S. No.59, Sundarraj Nagar, Villupuram, in the nature of a concrete wall. The learned counsel for the petitioner submits that a representation was made by the petitioner to the first respondent on 19 October 2015, pointing out the alleged encroachment made by respondents 2 and 3 on the aforesaid public road. It is also submitted that the State Government by G.O. (Ms.) No.99, Personnel and Administrative Reforms (A) Department dated 21 September 2015, laying down the revised procedures for dealing with grievance petitions submitted by the aggrieved persons, had directed all the authorities to consider such grievances, within a period of 30 days. Yet, no steps have been initiated by the first respondent, till date. Hence, the instant writ petition.

The learned Government Advocate appearing for the first respondent submits that appropriate orders will be passed on the petitioner's representation on merits and in accordance with law, within a period of 30 days from the date of receipt of the petitioner's representation dated 19 October 2015. In view of the aforesaid submission of the learned Government Advocate, it is ordered accordingly. The writ petition stands disposed of with the above observation. Costs made easy. Connected Miscellaneous Petition is closed.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar cad

To The Commissioner Villupuram Municipality Villupuram +1 cc to Mr.N.Suresh Advocate sr.59803 + 1 CC TO THE GOVT.PLEADER, SR 60081 (5/1/16) W.P. No.34927 of 2015 nm(co) aa02/11/2015