Ramesh Babu v. The Secretary,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.10..2024 CORAM :

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE P.B.BALAJI Ramesh Babu ... Petitioner Vs.

1. The Secretary, Housing and Urban Development, Fort St. George, Chennai 600 009.

2. The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai 600 003.

3. The Assistant Engineer, DIV 183, Zonal Office, Zone-XIV, Greater Chennai Corporation, No.6/64, Puzhuthiwakkam Main Road, Perungudi, Chennai 600 096.

4. The Assistant Executive Engineer, Unit 41, Zonal Iffice, Zone XIV, Greater Chennai Corporation, No.6/64, Puzhuthiwakkam Main Road, Perungudi, Chennai 600 096.

5. S.Chandra Babu ... Respondents

PRAYER : Writ Petition filed under Article 226 of Constitution of India to issue a writ of mandamus, directing the respondents 1 to 4 to initiate action to demolish the unauthorised portion of construction of 5th respondent at plot No.161, door No.3, first cross street, Kandasamy Nagar, Palavakkam, Chennai 600 041.

For the Petitioner : Mr.Prem Balaji. S.

For the Respondents : Mrs.V.Yamunadevi, Special Government Pleader for first respondent : Mr.Prithivi Chopra, Standing Counsel for respondents 2 to 4.

ORDER

(Order of the Court was delivered by D.KRISHNAKUMAR, J.) This writ petition has been filed by the petitioner seeking direction to the respondents 1 to 4 to initiate action to demolish the unauthorised portion of construction of 5th respondent at plot No.161, door No.3, first cross street, Kandasamy Nagar, Palavakkam, Chennai 600 041. The grievance of the petitioner is that, even though he lodged a online compliant dated 22.07.2024 to the first respondent to remove the above illegal construction made by the fifth respondent, the respondents have not taken any action.

2. Heard Mr.Prem Balaji.S., learned counsel for the petitioner; Mrs.V.Yamunadevi, learned Specical Government Pleader for the first respondent; and Mr.Prithivi Chopra, learned counsel for the respondents 2 to 4.

3. Considering the narrow scope of the prayer made in the writ petition, without going into the merits of matter, the respondent concerned is directed to consider the petitioner's representation dated 22.07.2024 and pass appropriate orders, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order, after affording opportunity of hearing to all the interested parties.

4. The writ petition is disposed of accordingly. There shall be no order as to costs.

(D.K.K.J.) (P.B.B.J.) 14.10.2024 Internet: Yes/No Index : Yes/No mst

To

1. The Secretary, Housing and Urban Development, Fort St. George, Chennai 600 009.

2. The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai 600 003.

3. The Assistant Engineer, DIV 183, Zonal Office, Zone-XIV, Greater Chennai Corporation, No.6/64, Puzhuthiwakkam Main Road, Perungudi, Chennai 600 096.

4. The Assistant Executive Engineer, Unit 41, Zonal Iffice, Zone XIV, Greater Chennai Corporation, No.6/64, Puzhuthiwakkam Main Road, Perungudi, Chennai 600 096.

D.KRISHNAKUMAR, J.

and P.B.BALAJI , J.

mst 14.10.2024