C.Prabhu @ C.C.Prabhuram v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-06-2015

CORAM:

THE HONOURABLE MR. JUSTICE SATISH K. AGNIHOTRI AND THE HONOURABLE MR. JUSTICE M. VENUGOPAL W.P. No.8143 of 2015 and M.P. No.1 of 2015

1. C. Prabhu @ C.C.Prabhuram

2. C. Ramesh @ C.C. Ramesh Aravind

...Petitioners

Vs.

1 The Commissioner Corporation of Chennai Park Town, Chennai- 600 003.

2 The Zonal Officer Old Zone X New Zone No.XIII, Corporation of Chennai Adayar, Chennai-600 020.

3 The Junior Engineer, Old Division No.153, New Division No.179 Corporation of Chennai, Velachery Main Road Velachery, Chennai-600 042.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents herein to consider the petitioners' representation dated 24.11.2014 and delivered and acknowledged the same on 25.11.2014 by the respondents respectively and comply with the genuine request made therein within the stipulated time.

For petitioners :

Mr. V. Ramana Reddy For respondents :

Mr. R. Arunmozhi

ORDER

(Order of the Court is made by SATISH K. AGNIHOTRI,J.) With the consent of both parties, this writ petition is taken up for final disposal.

2. This writ petition is filed seeking a direction to the respondents to consider the petitioners' representation dated 24.11.2014 and comply with the genuine request made therein within the stipulated time.

3. The case of the petitioners is that they are the lawful owners of the plot Nos.25-A and 24-A, respectively in Bhuvaneswari Nagar, Velachery Village, Mambalam-Guindy Taluk, within the limits of Corporation of Chennai. There is a proposal and proper approval by the Collector for laying a road on the north side of the said plots. Despite clear approval by the revenue authorities, the respondents have not taken any steps, which causes inconvenience to the petitioners as well as other neighbouring residents. Thus, a direction may be issued to the respondents to consider the petitioners' representation dated 24.11.2014 for laying the road.

4. Mr. R. Arunmozhi, learned counsel appearing for the respondents/ Corporation of Chennai would submit that similar representation made by another person namely Mrs.T.Mathuram, was considered and after proper inspection/survey made by the Corporation, the said representation was rejected on the ground that the said land is a private property as per available records and as such, the instant representation cannot be considered.

5. Be that as it may, the road is an essential requirement for the public at large. Thus, the Corporation of Chennai shall again consider the petitioners' representation dated 24.11.2014 on the basis of the revenue records and also re-survey the area in question and if there is a proper approval by the State Government/ competent authority, the respondents are required to take necessary steps for laying the road in the aforestated area. Such exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order.

6. With the above direction, this writ petition is disposed of. No costs.

Sd/- Deputy Registrar(J) //True Copy// Sub Assistant Registrar ra To 1 The Commissioner Corporation of Chennai Park Town, Chennai- 600 003.

2 The Zonal Officer Old Zone X New Zone No.XIII, Corporation of Chennai Adayar, Chennai-600 020.

3 The Junior Engineer, Old Division No.153, New Division No.179 Corporation of Chennai, Velachery Main Road Velachery , Chennai-600 042.

1 CC to Mr. V. Ramana Reddy, Advocate SR.No. 31141 W.P. No.8143 of 2015 EV (CO) PSI (06.07.2015)