H.Maheshwaran v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.07.2024
CORAM:
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN H.Maheswaran ...
Petitioner vs The Commissioner Corporation of Chennai Ripon Buildings No1131, EVR Periyar Salai, Park Town, Chennai -3.
2.The Superintending Engineer Corporation of Chennai Ripon Buildings No1131, EVR Periyar Salai, Park Town, Chennai -3.
3.The Executive Engineer Zone X Area 30 unit office Ward No.142, No.117 NSK Salai, Kodambakkam, Chennai -24.
4.The Assistant Executive Engineer Greater Chennai Corporation Zone X Area 30 Ward No.142, No.2/12, West Jones Road, Saidapet, Chennai -15.
5.The Commissioner HR&CE, Uthamar Gandhi Salai, Nungambakkam, Chennai.
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6.The Joint Commissioner, HR&CE, RK Madam Salai, Mylapore, Chennai - 4.
(R% & R6 are impleaded as per order dated 15.07.2024) ...
Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus to direct the respondent to dispose of the representation dated 31.05.2024 submitted by the petitioner for inspection of the building premise in the property bearing Old.Door No.1, New Door No.37, Karani Thottam, 3rd street, Saidapet, Chennai-15. For Petitioner :
Mr.L.Dhamodharan For Respondents :
Mr.A.Arun Babu, Standing Counsel for R1 to R4.
Mr.K.Karthikeyan, GA for R5 & R6.
O R D E R
This Writ Petition has been filed praying for issuance of a Writ of Mandamus to direct the respondent to dispose of the representation dated 31.05.2024 submitted by the petitioner for inspection of the building premise in the property bearing Old.Door No.1, New Door No.37, Karani Thottam, 3rd street, Saidapet, Chennai-15.
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2. Heard the learned counsel for the petitioner and the learned standing counsel for the respondents 1 to 4 and the learned standing counsel for respondents 5 & 6 and perused the materials available on record.
3. It is the grievance of the petitioner that the petitioner is the owner of the property in Old.Door No.1, New Door No.37, Karani Thottam, 3rd Street, Saidapet, Chennai-15 and the building is in dilapidated condition and seeks permission to demolish the building for reconstruction. While making attempts to sanction through online, the Taluk authority has blocked the TSLR extract upon instructions from HR&CE. In this regard, the petitioner has given a representation to the respondents on 31.05.2024. However, the same has not been considered. Hence, he seeks a direction.
4. The learned Standing Counsel for the respondent 1 to 4 submitted that the representation of the petitioner will be considered by the respondent 5 & 6 in a reasonable time, if he serve a copy of the representation to them.
5. Considering the limited nature of the relief sought for in the present Writ Petition, there shall be a direction to the petitioner to forward a 3/6
representation dated 31.05.2024 to the respondents 5 and 6 within period of one week from the date of receipt of a copy of this order. On receipt of such representation from the petitioner, the respondents shall pass appropriate orders on or before 30.09.2024.
6. With the above direction, this Writ Petition is disposed of. No costs.
29.07.2024 Speaking order / Non-speaking order Index : Yes / No : Yes / No tsh To The Commissioner Corporation of Chennai Ripon Buildings No1131, EVR Periyar Salai, Park Town, Chennai -3.
2.The Superintending Engineer Corporation of Chennai Ripon Buildings No1131, EVR Periyar Salai, Park Town, Chennai -3.
3.The Executive Engineer Zone X Area 30 unit office Ward No.142, No.117 NSK Salai, Kodambakkam, Chennai -24.
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4.The Assistant Executive Engineer Greater Chennai Corporation Zone X Area 30 Ward No.142, No.2/12, West Jones Road, Saidapet, Chennai -15.
5.The Commissioner HR&CE, Uthamar Gandhi Salai, Nungambakkam, Chennai.
6.The Joint Commissioner, HR&CE, RK Madam Salai, Mylapore, Chennai - 4.
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V.BHAVANI SUBBAROYAN , J.
tsh 29.07.2024 6/6