P.Uma Suresh v. Corporation Of Chennai
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.11.2015
CORAM:
THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE DR. JUSTICE P. DEVADASS W.P. No.36598 of 2015 and M.P. No.1 of 2015 P. Uma Suresh Petitioner Vs.
Corporation of Chennai represented by its Regional Deputy Commissioner (Central) Door No.36-B, II Cross Street Pulla Avenue Shenoy Nagar Chennai 600 030 The Member Secretary Chennai Metropolitan Development Authority No.1, Gandhi Irwin Road Egmore, Chennai 600 008 The Executive Engineer & Administrative Officer Tamil Nadu Housing Board Shopping Complex Anna Nagar Chennai 600 101 Suresh Babu Grand Florist Partners: Gopal and Gopi AI-Block, No.2, Shanthi Colony Main Road Anna Nagar Chennai 600 040 Respondents Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the respondents 1 to 3 to remove the unauthorised construction put up by the fourth respondent herein in the vacant open space available in the front side of the premises bearing No.2, AI Block, Shanthi Colony Main Road, Anna Nagar, Chennai 600 040 wherein the 5th respondent is presently running a flower and bouquet shop under the name and style of "Grand Florist".
For petitioner Mr. R. Suresh Kumar For R1 Mr. A. Nagarajan, Standing Counsel For R2 Mr. K. Raja Srinivas Standing Counsel
O R D E R
(delivered by SATISH K. AGNIHOTRI, J.) Mr. A. Nagarajan, learned Standing Counsel, accepts notice for the first respondent. Mr. K. Raja Srinivas, learned Standing Counsel, accepts notice for the second respondent. Notice to other respondents is dispensed with at this stage, since no adverse order is passed against them in this writ petition. Thus, with the consent of the learned counsel for the petitioner, learned Standing Counsel appearing for the first respondent and learned Standing Counsel appearing for the second respondent, the writ petition is taken up for final disposal, at the admission stage itself.
This writ petition is filed seeking a writ of mandamus directing the respondents 1 to 3 to remove the unauthorised construction put up by the fourth respondent in the vacant open space available in the front side of the premises bearing No.2, AI Block, Shanthi Colony Main Road, Anna Nagar, Chennai 600 040, wherein, the 5th respondent is presently running a flower and bouquet shop under the name and style of "Grand Florist". Today, when the matter is taken up for hearing, the learned counsel for the petitioner submits that it would suffice if the petitioner's representation dated 12 October 2015 addressed to the official respondents, is directed to be considered and disposed of within a time frame.
In view of the above submission made by the learned counsel for the petitioner, without going into the merits of the case, we direct the official respondents to consider and pass orders on the petitioner's representation dated 12 October 2015 on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order. Needless to state that the private respondents shall be afforded an opportunity of hearing before taking any coercive action, if need be.
The writ petition stands disposed of with the above direction and observation. Costs made easy. Connected Miscellaneous Petition is closed.
-s/d- Assistant Registrar True Copy Sub-Assistant Registrar cad To The Regional Deputy Commissioner (Central) Corporation of Chennai Door No.36-B, II Cross Street Pulla Avenue Shenoy Nagar Chennai 600 030 The Member Secretary Chennai Metropolitan Development Authority No.1, Gandhi Irwin Road Egmore, Chennai 600 008 The Executive Engineer & Administrative Officer Tamil Nadu Housing Board Shopping Complex Anna Nagar Chennai 600 101 +1 cc to Mr.N.V.Margandeyan Advocate sr.62517 +1 cc to Mr.K.Raja Srinivas Advocate sr.62538 W.P. No.36598 of 2015 aa25/11/2015