Y.Akbar Ahmed, v. The Commissioner Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 01.07.2016 Coram:
The Honourable Mr.SANJAY KISHAN KAUL, CHIEF JUSTICE and The Honourable Mr.Justice R.MAHADEVAN W.P.No.22729 of 2016 Y.Akbar Ahmed ... Petitioner-in-person
Versus
1.The Commissioner of Corporation Rippon Buildings, Chennai 600 003.
2.The Deputy Commissioner (Works) Corporation of Chennai, Rippon Buildings, Chennai 600 003.
3.The Deputy Commissioner (Health) Corporation of Chennai, Rippon Buildings, Chennai 600 003 ... Respondents Petition filed under Article 226 of the Constitution of India praying for the issue of a writ of Mandamus, directing the respondents to consider the petitioner's representation dated 05.04.2016 and to take action.
For Petitioner ::: Mr.Y.Akbar Ahmed Party in person For Respondents::: Mr. K.Soundarrajan for R.1 to R.3
O R D E R
(The Order of the Court was made by The Hon'ble The Chief Justice) We cannot find solutions under the jurisdiction of public interest litigation to all the civic problems of the city. The administrative system envisages a 3-tier system of elected bodies at the Corporation level, the Assembly and the Lok Sabha. It is the duty of the civic authorities and the elected representatives at the civic level to take care of the areas of concern sought to be expressed by the petitioner appearing in person.
2. The petitioner states that roads are not being cleaned from dust. Garbage dumpings are not being removed on Dr.Besant road and appropriate steps are not being taken. It is practically well nigh impossible for the court to monitor over the aspects of civic governance on a day-to-day basis. This does not mean the problem does not exist. The petitioner has made a representation in this behalf on 05.04.2016 in respect of Alwarpet and Royapettah.
3. The writ petition is all encompassing. We put to the petitioner whether he is a voter, which he said so. We asked him whether he approached his elected representative from the Ward for the solution. The answer to the same is in the negative and that none listens. All we can say is that elected representatives of the Corporation owe a duty to their constituency for looking into such concerns raised and the Officers of the Corporation are expected to attend to the task of municipal governance.
4. The representation of the petitioner may be examined in that context.
The writ petition accordingly stands closed, leaving the parties to bear their own costs.
Sd/- Assistant Registrar(V) //True Copy// Sub Assistant Registrar ksr To
To 1.The Commissioner of Corporation Rippon Buildings, Chennai 600 003.
2.The Deputy Commissioner (Works) Corporation of Chennai, Rippon Buildings, Chennai 600 003.
3.The Deputy Commissioner (Health) Corporation of Chennai, Rippon Buildings, Chennai 600 003 + 1 cc to M/s. K/. Sundarrajan, Advocate SR.37176 W.P.No.22729 of 2016 RP(CO) EU 26.7.16