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Madras High CourtWP/25265/2023disposed of

Metrozone Apartment Owners Association v. The Commissioner

2023-08-28Honourable Mr Justice C. Saravanan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 28.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.No.24677 of 2023 Metrozone Apartment Owners Association, Represented by its President, No.44, Pillaiyar Koil Street, Off Jawaharlal Nehru Salai, Anna Nagar, Chennai - 600 040.

... Petitioner vs.

1.The Commissioner, Corporation of Chennai, Ripon Building, Chennai - 600 003.

2.The Zonal Revenue Officer, Zone - VIII, Corporation of Chennai, Pulla Avenue, Shenoy Nagar, Chennai - 600 030.

3.M/s.Ozone Projects Private Limited, Represented by Vasudevan, No.63, G.N.Chetty Road, T.Nagar, Chennai - 600 017.

... Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, seeking to issue a Writ of Mandamus, to direct the 1st respondent to act upon the representation of the petitioner dated 04.02.2023, 27.02.2023 and 19.04.2023 by fixing a date to dispose of the representation with opportunity to the petitioner to represent its case in a time bound manner and dispose of the same in the interest of justice. For Petitioner : Mr.Rahul Balaji for Mr.R.Ganesh Ram For Respondents : Mr.Prithvi Chopda Standing Counsel for R1 and R2

ORDER

Mr.Prithvi Chopda, learned Standing Counsel takes notice on behalf of the first and second respondents.

2. This writ petition is being disposed of at the time of admission after dispensing with notice on the private respondent/third respondent. It is informed by the learned counsel for the petitioner and the learned Standing Counsel for the first and second respondents that the petitioner's club premises was constructed and sealed which has been de-sealed pursuant to the petitioner's representation. However, the

petitioner's repersentation dated 04.02.2023, 27.02.2023 and 19.04.2023 has not been considered so far. Hence, this writ petition is filed.

3. The learned Standing Counsel for the first and second respondents would submit that the representations of the petitioner will be considered and disposed on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. It is made clear pending disposal of the representations, the petitioner's club premises shall not be sealed.

4. Needless to state, before passing such order, the petitioner shall be heard.

5. This writ petition is disposed of. No costs. Consequently, connected writ miscellaneous petition is closed. 28.08.2023 Index:Yes/No Internet:Yes/No Speaking/Non-speaking Order jas To 1.The Commissioner, Corporation of Chennai, Ripon Building, Chennai - 600 003.

2.The Zonal Revenue Officer, Zone - VIII, Corporation of Chennai, Pulla Avenue, Shenoy Nagar, Chennai - 600 030.

3.M/s.Ozone Projects Private Limited, Represented by Vasudevan, No.63, G.N.Chetty Road, T.Nagar, Chennai - 600 017.

C.SARAVANAN, J.

jas and W.M.P.No.24677 of 2023 28.08.2023