N.Viswanathan v. The Government Of Tamil Nadu,

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.36000 of 2015 and M.P.No.1 of 2015

1. N.Viswanathan

2. P.Rangarajan

3. S.Indra

4. Charles Rodrigo ... Petitioners Vs.

1. The Government of Tamil Nadu Rep. by its Secretary, Housing and Urban Development, Secretariat, Chennai-9.

2. The Chennai Metropolitan Development Authority, Rep. by its Member Secretary, Gandhi Irwin Road, Ansari Estate, Egmore, Chennai-8.

3. Corporation of Chennai, Rippon Building, Chennai-3.

4. G.Subramanian ... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus to direct the 3rd respondent herein to act upon the petitioners' representation dated 18.5.2015 within a time frame fixed by this Honourable Court. For petitioners : Mr.S.Sivashankar For respondents : Mrs.A.Srijayanthi, Spl.GP for R1 Mr.K.Rajasrinivas for R2 Mr.A.Nagarajan for R3

ORDER

(Order of the Court was delivered by SATISH K. AGNIHOTRI,J.,) Mrs. A. Srijayanthi, learned Special Government Pleader, accepts notice for the first respondent. Mr. K. Raja Srinivas, learned counsel, accepts notice for the second respondent. Mr. A. Nagarajan, learned counsel, accepts notice for the third respondent. Notice to the fourth respondent is dispensed with at this stage, inasmuch as no adverse order is passed against him in this writ petition. Thus, with the consent of the learned counsel for the petitioners and the learned counsel for the official respondents, this writ petition is taken up for final disposal.

2.

The petitioners have made a representation dated 18 May 2015 to the Commissioner, Corporation of Chennai, pointing out several irregularities in the complex "A.R. Flats" at Door No.6, I Cross Street, Sastri Nagar, Chennai.

3.

According to the learned counsel for the petitioners, it is stated in the aforestated representation that several residents, including the petitioners, are put to loss and inconvenience, on account of encroachment made by the private respondent. Thus, a direction be issued to the 3rd respondent to examine the property in question and take consequential action, after affording an opportunity of hearing to all the violators and encroachers, at the earliest.

4.

Mr.A.Nagarajan, learned counsel appearing for the third respondent- Corporation submits that appropriate action will be initiated and completed within a period of four weeks. 5.

In view of the above submission of the learned counsel for the third respondent-Corporation, it is ordered accordingly. 6.

The writ petition stands disposed of with the above observation. No costs. Connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar

gya/ra To

1. The Government of Tamil Nadu Rep. by its Secretary, Housing and Urban Development, Secretariat, Chennai-9.

2. The Chennai Metropolitan Development Authority, Rep. by its Member Secretary, Gandhi Irwin Road, Ansari Estate, Egmore, Chennai-8.

3. Corporation of Chennai, Rippon Building, Chennai-3.

+1cc to Mr.Sarvabhauman Associates, Advocate, S.R.No.63351 +1cc to Mr.K.Rajasrinivas , Advocate, S.R.No.63748 W.P.No.36000 of 2015 CTK(CO) CA(08/12/2015)