Mukesh Kumar Chaudhari v. The Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.08.2024

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No. 21678 of 2024 and W.M.P.No.23651 of 2024

1. Mukesh Kumar Chaudhari

2. P.Mahavir Raj Chaudhari ....

Petitioners Vs 1.The Government of Tamil Nadu Rep by its Secretary to the Government, Housing and Urban Development Department, Fort St.George, Chennai-600 009.

2. The Commissioner Greater Chennai Corporation, Ripon Buildings, Chennai-600 003

3. The Executive Engineer Division-V Greater Chennai Corporation, Choolai, Chennai-600 003 4.M/s.Euro Architrade Pvt Ltd., Rep by Pradeep Kumar Mohata (Managing Director) ....

Respondents

Prayer:- Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the 2nd and 3rd respondents to take appropriate legal action against the unauthorized construction put up by the 4th respondent in the 2 feet OTS passage left by the petitioner at the premises located at Old No.146, New No.219, syednhams Road, Periamet, Chennai-3 and remove the same within a reasonable period. For Petitioner : Mr.D.Sai Kumaran For R1 : Mr. C.Kathiravan Special Government Pleader For R2 & R3 : Mr.S.Gopinathan Standing Counsel

ORDER

This Writ Petition has been filed for a direction, directing the second and third respondents to take appropriate legal action against the unauthorised constructions put up by the fourth respondent in the two feet OTS passage left by the petitioner at the premises located at Old No.146, New No.219, Sydenhams Road, Periamet, Chennai-3 and remove the same.

2. Heard the learned counsel appearing for the petitioner, the learned Special Government Pleader appearing for the first respondent and the learned Standing Counsel appearing for the second

and third respondents.

3. Without expressing any opinion on the merits of the writ petition, the first and second respondents are directed to conduct enquiry, after issuance of notice to the petitioner as well as the fourth respondent and after giving an opportunity of hearing to them, and pass orders on the representation submitted by the petitioners on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order.

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

05.08.2024 Internet : Yes Index : Yes/No Speaking/Non-speaking order Lpp

G.K.ILANTHIRAIYAN, J.

Lpp To 1.The Secretary to the Government, Government of Tamil Nadu Housing and Urban Development Department, Fort St.George, Chennai-600 009.

2. The Commissioner Greater Chennai Corporation, Ripon Buildings, Chennai-600 003

3. The Executive Engineer Division-V Greater Chennai Corporation, Choolai, Chennai-600 003.

05.08.2024