Ali Khan v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 17-03-2015
CORAM:
THE HONOURABLE MR. JUSTICE SATISH K. AGNIHOTRI AND THE HONOURABLE MR. JUSTICE M. VENUGOPAL W.P. No. 7366 of 2015 and M.P. Nos. 1 & 2 of 2015 Ali Khan ... Petitioner Vs.
1. The Commissioner Corporation of Chennai, Chennai 600 003
2. Assistant Engineer, DM 55, Chennai Corporation, Zone V, Chennai.
3. Assistant Executive Engineer/Unit 13, Chennai Corporation, Zone V, Chennai.
4. Executive Engineer V, Chennai Corporation, Chennai.
5. J. Sabdar Hussain ... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Certiorarified Mandamus to call for the records of the respondent No. 2 to 4 in letter No. 55/2014 dated 10.05.2014 and notice affixed on the petitioner building and quash the same and consequently direct the respondent 1 to remove the seal placed upon the petitioner's bulding situated at Old No.54, New No.50 P.V.Aiyar Street, George Town, Chennai-600 001.
For petitioner :
Mr. R. Mukthukumarasamy Sr. Counsel for Mr. A. Jenasenan For respondents : Mr. G. Anantharangan R1 to R4
ORDER
(Order of the Court was made by SATISH K. AGNIHOTRI, J.) Mr. G. Anantharangan, learned counsel, takes notice for the respondents 1 to 4. With the consent of the learned counsel on either side, the writ petition is taken up for final disposal at the admission stage itself.
2. Learned senior counsel appearing for the petitioner submits that the petitioner is ready and willing to remove the deviations and unauthorised construction as pointed out by the impugned notice dated 10.05.2014. Thus, the petitioner may be granted liberty to make a representation to the authorities for the same.
3. Mr. G. Anantharangan, learned counsel appearing for the respondents 1 to 4 submits that if a representation to that effect is made, the Corporation will permit the petitioner to remove the unauthorised construction and also rectify the deviations within the specified period granted by the Corporation.
4. In view of the foregoing, we grant liberty to the petitioner to make a representation to the respondents 1 to 4 within a period of one week from today and thereafter, the respondents 1 to 4 shall take steps and pass appropriate orders, in accordance with law and on its own merits, within a period of four weeks.
5. This writ petition stands disposed of accordingly. Connected Miscellaneous Petitions are closed. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar
RA To
1. The Commissioner Corporation of Chennai, Chennai 600 003
2. Assistant Engineer, DM 55, Chennai Corporation, Zone V, Chennai.
3. Assistant Executive Engineer/Unit 13, Chennai Corporation, Zone V, Chennai.
4. Executive Engineer V, Chennai Corporation, Chennai.
+2cc's to Mr.A.Jenasenan, Advocate, S.R.No.14699 +1cc to Mr.G.Anantharangan, Advocate, S.R.No.14728 W.P. No.7366 of 2015 SK(CO) CA(23/03/2015)