M/S.Bethel Nagar Residents v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.03.2015

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR. JUSTICE R.MAHADEVAN W.P. No.7906 of 2015 and M.P.No.1 of 2015 M/s.Bethel Nagar Residents Welfare Association No.1/879, Thiruvalluvar Nagar 1st Road, Bethel Nagar North, Injambakkam, Chennai - 600 115, represented by its President Mr.G.Annadurai ... Petitioner Vs.

1. The District Collector, Kanchipuram District, Kanchipuram.

2. The Tahsildar, Sholinganallur Taluk, Sholinganallur, Chennai - 600 119

3. The Commissioner, Corporation of Chennai, Rippon Building, Chennai - 600 003

4. Zonal Officer, Corporation of Chennai, Zone No.14, Ward No.196, Puzhuthivakkam, Chennai - 600 091

5. The Assistant Engineer, Corporation of Chennai, Injambakkam, Chennai - 600 115

6. Mr.Ramachandran, No.1/1137, Thiruvalluvar Street, Bethel Nagar, Injambakkam, Chennai - 600 115.

7. Mr.Shaleem Basha, S/o.Jani Basha, No.1/1137, B.Thiruvalluvar Street, Bethel Nagar, Injambakkam, Chennai - 600 115.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of writ of Mandamus to direct the respondents 1 to 5 to consider the representations of the petitioner dated 09.02.2015 remove the illegal encroachment and illegal construction made by the respondents 6 and 7 consequently direct the respondents 1 to 5 to construct water tank on the property situated at Kanchipuram District, Sholinganallur Taluk, Injambakkam village in Survey No.282/2 of an extent of 5500 Sq.Ft.

For petitioner : Mr.B.Ramar For Respondents : Mr.V.Shanmugasundaram for RR1&2 Mr.Soundarrajan for RR.3 to 5

O R D E R

(Order of the Court was made by M.M.SUNDRESH,J.) This probono publico is filed seeking consideration of the representation made by the petitioner on 9.2.2015 to the official respondents, wherein it is alleged that the respondents 6 and 7 are unauthorisedly putting up construction in the property belonging to the 3rd respondent. Inspite of the representation made by the petitioner, the 3rd respondent has not taken any action. Hence, the present writ petition is filed.

2. Heard the learned counsel appearing on either side.

3. Taking note of the pendency of the representation dated 9.2.2015 made by the petitioner, without going into the merits of the case, a direction is hereby issued to the 3rd respondent to consider representation dated 9.2.2015 made by the petitioner and pass appropriate orders on merits and in accordance with law within a period of six weeks from the date of receipt of copy of this order, after affording an opportunity of hearing to the petitioner as well as the private respondents No. 6 and 7.

4. The writ petition is disposed of accordingly. However, there is no order as to costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar usk To

1. The District Collector, Kanchipuram District, Kanchipuram.

2. The Tahsildar, Sholinganallur Taluk, Sholinganallur, Chennai - 600 119

3. The Commissioner, Corporation of Chennai, Rippon Building, Chennai - 600 003

4. Zonal Officer, Corporation of Chennai, Zone No.14, Ward No.196, Puzhuthivakkam, Chennai - 600 091

5. The Assistant Engineer, Corporation of Chennai, Injambakkam, Chennai - 600 115 +1cc to Mr.B.Raman, Advocate, S.R.No.16029 +1cc to the Government Pleader, S.R.No.15954 W.P. No.7906 of 2015 KGK(CO) CA(06/04/2015)