Mrs.J.Jothi, v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.03.2015
CORAM:
THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE M. VENUGOPAL W.P. No.6740 of 2015 and M.P. No.1 of 2015 Mrs. J. Jothi Petitioner Vs.
1 The Secretary to Government Housing and Urban Development Department, Fort St. George, Chennai-9.
2 The Member Secretary Chennai Metropolitan Development Authority , No.1 Gandhi Irwin Road, Egmore, Chennai-8. 3 The Commissioner , Avadi Municipality, Avadi, Chennai-54.
Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the 1st respondent to dispose the representation dated 13.2.2015 seeking for extension for time granted in Letter No.10771/ UD-VI (2)/2014 dated 28.11.2014 signed on 3.12.2014 posted on 3.12.2014 served on 10.12.2014. For petitioner Mr. K. Mohanamurali For respondents Mr. P.S. Sivashanmugasundaram Special Government Pleader - R1 Mr. K. Raja Srinivas - R2
ORDER
(Order of the Court was made SATISH K. AGNIHOTRI, J.) The petitioner has come up with this writ petition seeking a limited relief to direct the first respondent to consider his representation dated 13.2.2015 for extension of time granted by the first respondent in Letter No.10771/ UD-VI (2)/2014 dated 28.11.2014.
2. The first respondent, while considering the appeal filed by the petitioner, granted three months time from the date of passing of the order dated 28.11.2014 to remove the third floor of the premises in question. The petitioner has thereafter made a representation to the first respondent on 13.2.2015 for extension of time.
3. According to the learned counsel for the petitioner, the said representation is still pending consideration and the Corporation/ third respondent has initiated action to demolish the floor in question. Thus, a direction may be issued to the first respondent to consider his representation in accordance with law and on its own merits and pass the order.
4. Mr. P.S.Sivashanmugasundaram, learned Special Government Pleader, appearing for the first respondent would submit that if the said representation is still pending, the same will be looked into and disposed of within a period of two weeks, in accordance with law.
5. In view of the above, this writ petition is disposed of with a direction to the first respondent to consider and dispose of the petitioner's representation dated 13.2.2015, if it is still pending, within a period of two weeks from the date of receipt of a copy of this order, in accordance with law and on its own merits. Consequently, M.P. No. 1 of 2015 is closed. No costs. Sd/- Assistant Registrar / True copy / Sub Assistant Registrar ra
To 1 The Secretary to Government Housing and Urban Development Department, Fort St. George, Chennai-9.
2 The Member Secretary Chennai Metropolitan Development Authority , No.1 Gandhi Irwin Road, Egmore, Chennai-8. 3 The Commissioner , Avadi Municipality, Avadi, Chennai-54.
+1 cc to Mr.K.Rajashrinivas, Advocate SR.13748 +1 cc to Mr.K.Mohanamurali, Advocate SR.13774 W.P. No.6740 of 2015 and MP No.1 of 2015 TM(CO) JK 25/03/15