R.Chitra v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-07-2025

CORAM

THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.P. No. 24499 of 2025 R.Chitra W/o.Late.Ramasamy, No.5, Rathina Ammal Street, Kodambakkam, Chennai-600 024 Petitioner(s) Vs

1. The Commissioner The Corporation Of Greater Chennai, Rippon Building, Chennai 2.HARISH No.7, Rathina Ammal Street, Kodambakkam, Chennai-600 024 Respondent(s) PRAYER The Writ Petition is filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the 1 st respondent herein to consider and dispose the writ petitioners pending representation dated 7.5.2025 by taking appropriate action to stop the unauthorised and unsupervised construction which

is in progress at the said premises within the specific period that may be prescribed by this Court For Petitioner(s):

Mr. E.Sivanandan For Respondent(s):

Mr. A.Arun Babu Standing Counsel For R1

ORDER

(Order of the Court was made by J.NISHA BANU, J.) The present Writ Petition has been filed to issue a Writ of Mandamus directing the 1 st respondent to consider the petitioner's representation dated 07.05.2025.

2. It is the case of the petitioner that the 2 nd respondent is the adjacent owner and had started constructing an apartment in his premises at No.7, Rathina Ammal Street, Kodambakkam, Chennai - 24 and the construction appears to be unauthorised construction with deviations which will cause hardship to the petitioner. Therefore, she had given a representation to the 1 st respondent on 07.05.2025, to take appropriate action. But unfortunately, no action has been taken by the 1 st respondent, which has led to the filing of the present Writ Petition.

3. As there is no adverse order going to be passed against the 2 nd respondent, notice to the 2 nd respondent is dispensed with.

4. Heard the learned counsel appearing for the petitioner as well as the Mr.A.Arun Babu, learned Standing Counsel appearing for the first respondent and perused the materials placed before this Court.

5. Considering the facts and circumstances of the case and without going into the merits of the case, this Court directs the first respondent to consider the petitioner's representation dated 07.05.2025 and pass orders on merits and in accordance with law after issuing notice to the petitioner as well as the second respondent and also affording them an opportunity of personal hearing, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

6. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.

(J.NISHA BANU J.) (M.JOTHIRAMAN J.) 08-07-2025 ASI To 1.The Commissioner The Corporation Of Greater Chennai, Rippon Building, Chennai

2. Harish No.7, Rathina Ammal Street, Kodambakkam, Chennai-600 024

J.NISHA BANU J.

AND M.JOTHIRAMAN J.

ASI W.P. No. 24499 of 2025 08-07-2025