R.Balaji v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 29.11.2021

CORAM:

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR. JUSTICE V.SIVAGNANAM W.P. No.25380 of 2021 R.Balaji .. Petitioner

Versus

1. The Commissioner, Chennai Corporation, Rippon Buildings, Chennai 600 003.

2. The Zonal Officer, Zone IV, Chennai Corporation, Tondiarpet, Chennai 600 081.

3. V.Gopinath .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus, directing the 1st and 2nd respondents to consider the petitioner's representation dated 29.07.2021.

For petitioner : Mr.K.Bommuraj For respondents for RR1 & 2 : Mr.K.Raja Shrinivas

ORDER

(The Order of the Court was made by K.KALYANASUNDARAM, J) The Writ Petition is heard through video conferencing.

2. Heard Mr.K.Bommuraj, learned counsel appearing for the petitioner and Mr.K.Raja Shrinivas, learned Senior Standing Counsel appearing for the respondents 1 and 2.

3. The petitioner has come up with this Writ Petition, seeking direction to the respondents 1 and 2 to take action against the third respondent, based on the representation of the petitioner dated 29.07.2021.

4. It is the case of the petitioner that the third respondent had purchased a portion of the property from the petitioner in the year 2006 and he is now putting up unauthorized construction obstructing the ingress and egress of the petitioner.

5. The learned Senior Standing Counsel appearing for the respondents 1 and 2 would state that the official respondents had already issued pre-notice to the third respondent on 09.08.2021 and they have contemplated to issue lock and seal notice dated 27.11.2021, today.

6. Considering the submissions of the learned Senior Standing Counsel appearing for the respondents 1 and 2, we are of the considered view that since the respondents have already initiated action based on the representation of the petitioner, the prayer sought for in the Writ Petition has become infructuous. Accordingly, the Writ Petition is closed. No costs. Sd/- Assistant Registrar(CS-VII) // True Copy // Sub Assistant Registrar pvs To

1. The Commissioner, Chennai Corporation, Rippon Buildings, Chennai 600 003.

2. The Zonal Officer, Zone IV, Chennai Corporation, Tondiarpet, Chennai 600 081.

+1cc to Mr.K.Bommuraj, Advocate SR.No.62260 +1cc to Mr.K.Raja Shrinivas, Advocate SR.No.62395 W.P. No.25380 of 2021 JPL(CO) CB(13/12/2021)