N.M.Yusuf v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.08.2024 CORAM :

THE HON'BLE MR.D.KRISHNAKUMAR, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.B.BALAJI N.M.Yusuf, Vice President, Thanthai Periyar Kudiruppor Nalasangam, No.27, Thiruvalluvar Street, Thanthai Periyar Nagar, Tharamani, Chennai-600 113.

.. Petitioner Vs 1.The Commissioner, O/o The Greater Chennai Corporation, Ripon Buildings, Chennai-600 003.

2.The Managing Director, Tamil Nadu Urban Habitat Development Board, Kamarajar Salai, Chennai-600 005.

3.The Tahsildar, O/o Velacherry Taluk, Velacherry, Chennai-600 042.

4.Babu .. Respondents

Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the first respondent to dispose the petitioner's representation dated 25.6.2024 and remove the encroachment made by the fourth respondent at Door No.18, Kennedy Street, Zone 13, Division 178, Corporation Road, Thanthai Periyar Nagar in Tharamani, in accordance with law.

For the Petitioner : M/s.D.Bharathy For Respondents : Mrs.P.T.Ramadevi Standing Counsel for respondent No.1 : Mrs.K.Indumathy Venkatesh for respondent No.2 : Mr.K.Karthik Jagannath Government Advocate for respondent No.3

ORDER

(Order of the Court was made by the Hon'ble Acting Chief Justice) Alleging that the fourth respondent had put up an encroachment at Door No.18, Kennedy Street, Zone 13, Division 178, Corporation Road, Thanthai Periyar Nagar in Tharamani, the

petitioner sent a representation on 25.6.2024 to the respondent authorities. As the said representation did not educe any response, the present writ petition is filed.

2. Considering the narrow scope of the prayer made in the writ petition, without expressing any opinion on the merits of the matter, we dispose of the writ petition with a direction to the first respondent to consider the representation of the petitioner dated 25.6.2024 and pass appropriate orders, on merits and in accordance with law, of course after affording an opportunity to all interested persons. Such exercise shall be undertaken by the first respondent within a period of twelve weeks from the date of receipt of a copy of this order. There shall be no order as to costs. (D.K.K., ACJ.) (P.B.B, J.) 19.08.2024 Index :

Yes/No NC :

Yes/No sasi

To:

1.The Commissioner, O/o The Greater Chennai Corporation, Ripon Buildings, Chennai-600 003.

2.The Managing Director, Tamil Nadu Urban Habitat Development Board, Kamarajar Salai, Chennai-600 005.

3.The Tahsildar, O/o Velacherry Taluk, Velacherry, Chennai-600 042.

THE HON'BLE ACTING CHIEF JUSTICE AND P.B.BALAJI, J.

(sasi) 19.08.2024