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Madras High CourtWP/21026/2019disposed of

Radhika Srihari v. The Chennai Corporation,

2019-07-18Honourable The Chief Justice,Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.07.2019 CORAM :

The Hon'ble Mrs.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE M.DURAISWAMY W.P. No.21026 of 2019 Radhika Srihari .. Petitioner -vs1.The Chennai Corporation, rep. by its Commissioner, Rippon Building, Chennai - 600 003.

2.The Executive Engineer, Corporation of Chennai, Zone 9, Division No.118, Teynampet, Chennai.

3.The Assistant Engineer, TANGEDCO TNEB Office, Gopalapuram, Chennai - 600 086.

4.The Chennai Metro Water Sewerage and Supply Board, No.11, Conran Smith Road, Gopalapuram, Chennai - 600 086.

5.Sridevi Venkatasamy 6.Akilandeeswari .. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondents 1 to 4 to consider the representation dated 21.01.2019 (requesting them to take auction against the subject property and the same is unapproved construction) with a stipulated time.

For Petitioner : Mr.R.Krishnan For Respondents : Dr.C.Ravichandran for respondent Nos.1 and 2

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) Heard Mr.R.Krishnan, learned counsel for the petitioner and Dr.C.Ravichandran, learned counsel for respondent Nos.1 and 2.

2. The petitioner is residing at No.17/8, Kasthuri Estate, First Cross, Gopalapuram, Chennai-600 018. The case of the petitioner is that respondent Nos.5 and 6 have put up unauthorised construction in the land adjacent to the property of the petitioner. Being aggrieved by the said unauthorised construction, the petitioner has preferred a representation dated 21.01.2019 to respondent Nos.1 and 2 and the other officials. The prayer of the petitioner is that the said representation for removal of unauthorised construction be decided by the authorities at the earliest.

3. The learned counsel for respondent Nos.1 ad 2 stated that the second respondent is the appropriate authority to consider the representation of the petitioner dated 21.01.2019.

4. In view of the limited prayer made by the learned counsel for the petitioner, without going into the merits of matter, we direct respondent No.2 i.e., the Executive Engineer, Corporation of Chennai, Zone 9, Division No.118, Teynampet, Chennai, to consider the representation of the petitioner dated 21.01.2019, within a period of eight weeks from the date of receipt of a copy of this order, after giving notice to respondent Nos.5 and 6.

The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar

To:

1.The Commissioner, Chennai Corporation, Rippon Building, Chennai - 600 003.

2.The Executive Engineer, Corporation of Chennai, Zone 9, Division No.118, Teynampet, Chennai.

3.The Assistant Engineer, TANGEDCO TNEB Office, Gopalapuram, Chennai - 600 086.

4.The Chennai Metro Water Sewerage and Supply Board, No.11, Conran Smith Road, Gopalapuram, Chennai - 600 086.

+1cc to Mr.R.Krishnan, Advocate Sr.62489 +1cc to Mr.C.Ravichandran, Advocate Sr.60973 W.P.No.21026 of 2019 vg II[co] srg 16/08/2019