V.Venkateshwara Rao, v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 06.07.2018

CORAM

THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.No.16807 of 2018 V.Venkateshwara Rao ..Petitioner Vs

1. The Commissioner, Chennai Corporation, Ribbon Buildings, Chennai - 600 003.

2. The Zonal Officer, Zone-8, Corporation of Chennai, Shanoy Nagar, Chennai.

..Respondents Prayer:- Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus to direct the respondents herein to shift the bus stop construction put in front of the petitioner's property situated in Door No.76, Nelson Manickam Street, Aminjikarai, Chennai -29 to some other place by considering the representation of the petitioner dated 17.04.2018.

For Petitioner : Mr.A.Saravanan For Respondents : Mr.V.C.Selvasekaran, Standing Counsel

ORDER

Mr.V.C.Selvasekaran, learned Standing Counsel takes notice for the respondents. By consent of the learned counsel appearing for the parties, the writ petition is taken up for final hearing.

2. The petitioner has filed this petition for issuance of a writ of mandamus to direct the respondents to shift the bus stop construction put up in front of his house to some other place, by considering his representation, dated 17.04.2018.

3. According to the petitioner, he is the absolute owner of the property of land and building bearing Door No.76, Nelson Manickam Street, Aminjikarai, Chennai, having an extent of 2465 sq.ft. and he has been in possession and enjoyment of the same.

4. The grievance of the petitioner is that an attempt has

been made by the respondents to construct a bus stop just in front of his house. According to the petitioner, the construction of bus stop could obstruct the ingress and engress to his property.

5. The learned counsel for the petitioner submitted that a detailed representation was made to the respondents on 17.04.2018, but no action has been taken so far. Hence, the present writ petition has been filed.

6. It is further submitted that the petitioner would be satisfied, if a suitable direction is given to the second respondent to consider the representation of the petitioner.

7. The learned Standing Counsel for the respondents submitted that the old bus stop in the said place was demolished and the second respondent is now putting up a new bus shelter and the grievance of the petitioner would be considered by the second respondent in accordance with law.

8. In the light of the above submissions, this Court without going into the merits of the case, directs the second respondent to consider the representation of the petitioner, dated 17.04.2018 and pass appropriate orders on merits and in accordance with law, after providing an opportunity of hearing to the necessary parties as expeditiously as possible, preferable within a period of four weeks. Till then, the respondents are directed to maintain status quo as on date.

9. With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

-s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar pvs To

1. The Commissioner, Chennai Corporation, Ribbon Buildings, Chennai - 600 003.

2. The Zonal Officer, Zone-8, Corporation of Chennai, Shanoy Nagar, Chennai W.P.No.16807 of 2018 SP(19/07/2018)