R.Chusil Kumar, v. Chennai Metropolitan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.06.2016

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G. RAMESH and THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN Writ Petition No.22366 of 2016 R.Chusil Kumar ... Petitioner Vs.

1. Chennai Metropolitan Development Authority by its Member Secretary Thalamuthu Natarajan Maligai Gandhi Irwin Road Egmore, Chennai-08.

2. Corporation of Chennai Rep. by Commissioner Rippon Building Chennai-3.

3. Dr.Meera Srinivasan ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing respondents 1 and 2 to consider petitioner''s representation dated 29.12.2015 in respect of the violation of rules by the 3rd respondent and take suitable action.

For Petitioner : Ms.M.Dhivya for Mr.T.K.S.Gandhi For Respondents : Mr.C.Johnson for R1 Mr.A.Nagarajan for R2

O R D E R

(Order of the Court was made by HULUVADI G. RAMESH,J.) Heard the learned counsel for the petitioner, Mr.C.Johnson, learned Standing counsel, who has taken notice for the 1st respondent and Mr.A.Nagarajan, learned Standing counsel, who has taken notice for the 2nd respondent. Notice to 3rd respondent is dispensed with.

2. This Writ Petition is filed praying to issue a Writ of Mandamus to direct the respondents 1 and 2 to consider petitioner's representation dated 29.12.2015 and pass orders.

3. The averments made in the writ petition is that the 3rd respondent is the petitioner's tenant and in the tenancy dispute, 2 civil suits in O.S.Nos.11163 of 2010 and 1393 of 2012 are pending before III Additional City Civil Court, Chennai. The 3rd respondent is running a Nursing Home in the rented two flats of residential apartment viz., Akshaya Apartments, Door No.142/9, Purasawalkam High Road, which is in clear violation of the sanctioned plan and statutory rules. In this regard, the Writ Petitioner sent representations dated 29.12.2015 to respondents 1 and 2 to take necessary action against the 3rd respondent, however, till date, no action was taken, hence, the present Writ Petition.

4. Considering the nature of prayer sought for in this Writ Petition, we hereby direct respondents 1 and 2 to consider petitioner's representation dated 29.12.2015 and make thorough enquiry after due notice to the 3rd respondent and take appropriate action in accordance with law, in the event of violation of the statutory rules of CMDA and Chennai Corporation. The respondents 1 and 2 shall give opportunity of personal hearing to the parties concerned and do the needful after verification of the sanctioned and approved plan in this regard.

5. The Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar nvsri To

1. The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajan Maligai, Gandhi Irwin Road Egmore, Chennai-08.

2. The Commissioner, Corporation of Chennai Rippon Building, Chennai-3.

+1cc to Mr.C.Johnson, Advocate, S.R.No.36280 +1cc to Mr.T.K.S.Gandhi, Advocate, S.R.No.36986 +1cc to Mr.A.Nagarajan, Advocate, S.R.No.36300 W.P.No.22366 of 2016 VS(CO) CA(21/07/2016)