Madras High CourtWP/8795/2015disposed of

M/S.Green Choice Constructions v. The Commissioner,

2018-01-22Honourable Mr Justice K. Kalyanasundaram3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.01.2018

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.8795 of 2015 & M.P.No.1 of 2015 M/s.Green Choice Constructions Company Pvt. Ltd., by its Chairman, Mr.P.R.Earnarst, 10/2, 1st Main Road, Kasthuribai Nagar, Chennai - 600 020.

... Petitioner Vs.

1.The Commissioner, Corporation of Chennai, Rippon Builidings, Chennai 600 003.

2.The Assistant Commissioner, Zone, 12, Corporation of Chennai, 3.The Assistant Engineer, Ward 162, Zone 12, Corporation of Chennai, ... Respondents Prayer: The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, to remove the obstructions or unauthorised structure being constructed on the road namely the Noble Street at Palavanthangal abutting the petitioner's property bearing Town Survey Field No.294 comprised in Survey Number 47/1 A situated at No.124, Palavanthangal Village, Saidapet, Chennai thereby keeping the road to its original width of 40 Feet.

For Petitioner : Mr.S.Muthuraman For Respondents : Mr.G.Anatharengan, Standing Counsel

ORDER

The prayer sought for in this Writ Petition is to issue a Writ of Mandamus, directing the respondents, to remove the obstructions on unauthorised structure being constructed on the

road namely the Noble Street at Palavanthangal abutting the petitioner's property bearing Town Survey Field No.294 comprised in Survey Number 47/1 A situated at No.124, Palavanthangal Village, Saidapet, Chennai thereby keeping the road to its original width of 40 Feet.

2. Heard Mr.S.Muthuraman, learned counsel appearing for the petitioner, and Mr.G.Anatharengan, learned Standing counsel appearing for the respondents and perused the records placed before it.

3. The learned counsel for the petitioner submitted that it would be suffice, if a direction is issued to the respondents 2 and 3, to take action on the representation made by the petitioner.

4. The learned Standing Counsel appearing for the respondents submitted that the respondents are ready to consider the representation in accordance with law.

5. In the light of the above submissions and the prayer sought for in the Writ Petition, this Court without going into the merits, directs the respondents 2 and 3 to take appropriate action on the basis of the representation made by the petitioner on 19.03.2015 and pass orders, after providing an opportunity to the authorized representative of the petitioner, within a period of three months from the date of receipt of a copy of this order.

6. With the above observation, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar klt/rpl To 1.The Commissioner, Corporation of Chennai, Rippon Builidings, Chennai 600 003.

2.The Assistant Commissioner, Zone, 12, Corporation of Chennai,

3.The Assistant Engineer, Ward 162, Zone 12, Corporation of Chennai, +2 CC to Mr.S.Muthuraman, Advocate SR.No.4447/18 W.P.No.8795 of 2015& M.P.No.1 of 2015 SSD(CO) VUM(10.02.2018)