R.Krishnan v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.06.2025 C O R A M THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN and W.M.P.No.21904 of 2025 R.Krishnan ... Petitioner -vs1. The Commissioner Tambaram City Municipal Corporation, Tambaram.
2. The District Collector, District Collector Office, Chengalpattu.
3. The Executive Engineer, Pammal Municipality Zone, No.2, Opposite Church, Dr.Ambedkar Salai Pozhichalur Main Road, Pammal-600 075.
4. The Thasildhar, Pallavaram Taluk Office, Pallavaram.
5. The Revenue Divisional Officer, Pallavaram Taluk Office, Pallavaram.
6. Jegan 1/6
7. Sathish
8. Munniyammal ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 and 3 to take appropriate action on the petitioner representation dated 07.05.2025 to stop the unauthorized construction and also demolish the existing construction in S.No.156/2, Thiruneermalai Main Road, Fathima Nagar, Kamarajapuram, Pammal, Chengalpattu District measuring 42 cents put up by the respondents 6 to 8.
For Petitioner : Mrs.R.Nirmala Devi For R1 : Mr.P.Srinivas For R2 to R5 : Mr.M.Venkateswaran Spl. Govt. Pleader For R6 to R8 : Mr.S.Sivakumar *****
O R D E R
(By J.Nisha Banu,J.) This Writ Petition has been filed for a direction to the respondents 1 and 3 to take appropriate action on the petitioner's representation dated 07.05.2025 to stop the unauthorized construction and also demolish the existing construction in S.No.156/2, Thiruneermalai Main Road, Fathima Nagar, Kamarajapuram, Pammal, Chengalpattu District measuring 42 cents put up by the respondents 6 to 8. 2/6
2. Heard the learned counsel for the respective parties.
3. It is the case of the petitioner that he had purchased the property vide Doc.No.1998 of 1997, in which he installed a crusher unit in the name and style of M/s.Krishna Blue Metal. Due to Covid-19, he was not able to continue the business and the land remained vacant. Taking advantage of the same, the respondents 6 to 8 trespassed into the property and attempted to construct a building in the property of the petitioner. It is further case of the petitioner that though he made a representation dated 07.05.2025 to the 1st respondent for removal of the illegal construction and the same has been forwarded to the 3rd respondent, there is no further progress. Hence, the petitioner is before this Court.
4. Learned Standing Counsel for R1 and the learned Special Government Pleader appearing for the respondents 2 to 5 stated that the respondents 1 and 2 are competent authorities to consider the representation of the petitioner and a reasonable time may be granted to them for considering and passing appropriate orders on the representation of the petitioner.
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5. Considering the facts and circumstances of the case and also taking into account the limited scope of the relief sought for by the petitioner, this Court, without expressing any opinion on the merits of the matter, directs the respondents 1 & 2 to consider the representation dated 07.05.2025 of the petitioner, by giving an opportunity of personal hearing to the petitioner, R6 to R8 and other parties concerned and thereafter, pass necessary orders. Such an exercise shall be carried out within a period of eight 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. Consequently, connected Miscellaneous Petition is closed. (J.N.B,J.,) (M.J.R,J.,) 19.06.2025 Index: Yes / No Internet: Yes / No ar 4/6
To:
1. The Commissioner Tambaram City Municipal Corporation, Tambaram.
2. The District Collector, District Collector Office, Chengalpattu.
3. The Executive Engineer, Pammal Municipality Zone, No.2, Opposite Church, Dr.Ambedkar Salai Pozhichalur Main Road, Pammal-600 075.
4. The Thasildhar, Pallavaram Taluk Office, Pallavaram.
5. The Revenue Divisional Officer, Pallavaram Taluk Office, Pallavaram.
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J.NISHA BANU, J.
AND M.JOTHIRAMAN , J.
ar 19.06.2025 6/6