A.Vijayakumar v. The Addl. Chief Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.10.2021 CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P. No.18329 of 2021 A.Vijayakumar Petitioner -Vs1.The Additional Chief Secretary to Government, Department of Municipal Administration and Water Supply Department, Fort St. George, Secretariat, Chennai - 600 009.
2.The Commissioner of Municipal Administration, No.78, Urban Administrative Building, Santhome High Road, Chennai - 600 028.
3.The Commissioner, Pallavaram Municipality, Chrompet, Chennai - 600 044.
Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, direction to the 3rd respondent to consider the representation dated 16.03.2021 for removal of bus shelter in petitioner's property bearing Plot No.2 Kalaivani Street, Easwaran Nagar, Kellkattalai , Chennai situated at T.S.No.20 (Old Survey No. 297/4A3), Ward No.H, Block No.4, Keelkattalai Village, Pallavaram Taluk, Kancheepuram 1 / 4
District on merits and pass such other order or orders as this Court may deem fit and proper in the circumstances of the case. For Petitioner :
Mr.S.Janarthanan For Respondents :
Mr.U.Baranidharan Government Counsel for R1 and R2 Mr.P.Srinivas Standing Counsel for R3
O R D E R
This writ petition has been filed for issue of writ of mandamus directing the 3rd respondent to consider the representation made by the petitioner on 16.03.2021, wherein, the petitioner is seeking for removal of the bus shelter that has been put up in the property belonging to the petitioner. 2.When the matter was taken up for admission on 02.09.2021, this Court directed the learned Standing Counsel appearing on behalf of the 3rd respondent to take instructions and report before this Court. 3.When the matter was taken up for hearing today, the learned Standing Counsel appearing on behalf of the 3rd respondent submitted that the representation made by the petitioner on 16.03.2021 will be considered 2 / 4
and an inspection will be made based on the available documents and a decision will be taken within the time stipulated by this Court. 4.Heard the learned counsel for the petitioner and the learned counsel appearing on behalf of the respondents.
5.Taking into consideration the facts and circumstances of the case and the specific stand that has been taken by the 3rd respondent, there shall be a direction to the 3rd respondent to consider the representation made by the petitioner on 16.03.2021 and deal with the same on its own merits and in accordance with law and take a decision, within a period of eight weeks from the date of receipt of copy of this order. The petitioner is directed to make a fresh representation to the 3rd respondent along with all the relevant documents and also a copy of this order.
6.This writ petition is disposed of with the above direction. No Costs. 20.10.2021 Index : Yes/No Internet : Yes/No ssr 3 / 4
N.ANAND VENKATESH, J.
ssr To 1.The Additional Chief Secretary to Government, Department of Municipal Administration and Water Supply Department, Fort St. George, Secretariat, Chennai - 600 009.
2.The Commissioner of Municipal Administration, No.78, Urban Administrative Building, Santhome High Road, Chennai - 600 028.
3.The Commissioner, Pallavaram Municipality, Chrompet, Chennai - 600 044.
W.P. No.18329 of 2021 20.10.2021 4 / 4