S.Ajaz S/O.Sardar, v. The Member Secretary,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.09.2019
CORAM
THE HON'BLE MRS.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.1714 of 2018 S.Ajaz .. Petitioner Vs 1 The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajan Building No.1, Gandhi Irwin Road Egmore, Chennai - 600 008.
2 The Executive Officer Mangadu Town Panchayat Mangadu Chennai - 600 122.
3 Z.Jamaluthin 4 The Tamil Nadu Wakf Board Rep by The Chief Executive Officer No.1, Jaffar Syrang Street Vallal Seethakathi Nagar Chennai - 600 001.
.. Respondents (R4 impleaded vide order dated 8..4.2019 made in W.M.P.No.37941 of 2018 in WP.No.1714 of 2018) PRAYER:
Petition under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 1 and 2 to take action against unauthorised construction in Survey No.123/2 of Mangadu Village, Chennai - 600 122, by considering the petitioner's representations dated 03.09.2015, 02.12.2015, 14.11.2016 and 30.12.2017 within a time frame fixed by this Court.
For Petitioner : Mr.K.Sasindran For Respondents : Mr.S.Thiruvengadam for 1st respondent Mr.V.Jayaprakash Narayanan Government Pleader (i/c.) for 2nd respondent Mr.T.Velumani for 3rd respondent Mrs.V.Sripriya for Mr.V.Lakshminarayanan for 4th respondent
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) Heard Mr.K.Sasindran, learned counsel for the petitioner; Mr.S.Thiruvengadam, learned counsel for the first respondent; Mr.V.Jayaprakash Narayanan, learned Government Pleader (i/c.) for the second respondent; Mr.T.Velumani, learned counsel for the third respondent and Mrs.V.Sripriya, learned counsel for the fourth respondent.
2. The case of the petitioner is that he has preferred representations dated 03.09.2015, 02.12.2015, 14.11.2016 and 30.12.2017 in relation to the unauthorized construction of commercial complex at S.No.123/2 of Mangadu Village, Chennai. The first representation dated 3.9.2015 was addressed to the first respondent, i.e., the Chennai Metropolitan Development Authority. The first respondent gave a reply to the petitioner stating that the competent authority is the second respondent, i.e., the Executive Officer, Mangadu Town Panchayat, Mangadu, Chennai - 600 122.
Thereafter, representations dated 02.12.2015, 14.11.2016 and 30.12.2017 were addressed by the petitioner to the second respondent. The grievance of the petitioner is that the said representations have not been considered. Hence, the petitioner has prayed that the second respondent be directed to decide the said representations within a time frame fixed by the Court.
3. The learned Government Pleader (i/c.), who represents the second respondent, stated that the above said representations will be disposed of by the second respondent within a period of twelve weeks, after giving notice to all concerned. The said statement is recorded.
In view of the statement made by the learned Government Pleader (i/c.), no further orders are necessary. The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar sasi To:
1 The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajan Building No.1, Gandhi Irwin Road Egmore, Chennai - 600 008.
2 The Executive Officer Mangadu Town Panchayat Mangadu Chennai - 600 122.
3 The Chief Executive Officer Tamil Nadu Wakf Board No.1, Jaffar Syrang Street Vallal Seethakathi Nagar Chennai - 600 001.
+1cc to Mr.K.Sasindran, Advocate, S.R.No.75896 +1cc to Mr.T.Velumani, Advocate, S.R.No.76061 +1cc to Mr.S.Thiruvengadam, Advocate, S.R.No.76311 W.P.No.1714 of 2018 NMI(CO) CS/03/10/2019