Mrs.Vimala Ramachandran v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE : 10.01.2022
CORAM
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM AND THE HONOURABLE MR.JUSTICE V.SIVAGNANAM W.P.NO.25257 OF 2021 Vimala Ramachandran
...Petitioner
Vs 1.The Commissioner Greater Chennai Corporation Ripon Building EVR Periyar Salai Park Town, Chennai - 600 003.
2.The Executive Engineer Kodambakkam Zonal Office Zone-X, No.64, NSK Salai Kodambakkam, Chennai - 600 024.
3.D.Pushpa 4.A.Sasikala 5.A.Jayshree 6.A.Yamuna 7.M.Parvathi 8.M.Rajesh (Respondents 3 to 8 are impleaded vide order of this Court dated 10.01.2022 made in WMP No.28833 of 2021 in W.P.No.25257 of 2021
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to consider my representation dated 17.03.2021 on merits, in accordance with law.
For petitioner :
Mr.M.Simon Jeyakumar For respondents :
Mr.K.Raja Srinivas Senior Standing Counsel for RR1&2
ORDER
(Order of the Court was made by K.KALYANASUNDARAM, J.,) This writ petition has been filed for issuance of writ of mandamus, directing the respondents to consider the representation of the petitioner dated 17.03.2021 on merits and in accordance with law.
2.The learned Senior Standing Counsel, Mr.K.Raja Srinivas, would state that based on the complaint of the petitioner, a notice dated 21.12.2021 has been issued to one Mohan, against whom the complaint was made.
3.Mr.B.Balavijayan, learned counsel appearing for the legal heirs of the said Mohan would state that Mohan passed away in the year 2014 itself and the respondents 7 and 8 are ready to submit their explanation before the official respondents. It is also stated that the petitioner had already executed a release deed in favour of his brothers, viz., Mohan and Adinarayanan and long thereafter filed a suit for partition, which is pending in O.S.No.804 of 2013. It is the submission of the learned counsel, that the building has been constructed in accordance with the plan approval.
4.Considering the facts of this case and also the limited scope of prayer sough in this writ petition, this Court without expressing any opinion on the merit of the matter, direct the 2nd respondent to take appropriate action on the representation of the petitioner dated 17.03.2021, after affording opportunity to all the necessary parties and pass orders purely on merits and in accordance with law.
5.With the above directions, this writ petition is disposed of. No costs.
Sd/- Assistant Registrar(CS-VII) // True Copy // Sub Assistant Registrar Jer To 1.The Commissioner Greater Chennai Corporation Ripon Building EVR Periyar Salai Park Town, Chennai - 600 003.
2.The Executive Engineer Kodambakkam Zonal Office Zone-X, No.64, NSK Salai Kodambakkam, Chennai - 600 024.
W.P.No.25257 of 2021 GMR(CO) RVM(22/03/2022)