S.Prabhu Kumar v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.08.2023
CORAM
THE HON'BLE MRS. JUSTICE J.NISHA BANU AND THE HON'BLE MRS. JUSTICE N.MALA S. Prabhu Kumar ... Petitioner Vs.
1. The Commissioner Ripon Building No.53, Raja Muthaiah Road Kannappar Thidal Periyamet, Chennai-600003
2. The Assistant Commissioner (Zone-13) No.31, Thiruvengadam Street Adayar, Chennai-600 020
3. The Zonal Officer (Zone-13) Page 1/6
4. The Executive Engineer (Zone-13)
5. M.P. Mohandoss ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents 1 to 4 herein to take Judicial action against the 5th respondent herein on the basis of petitioner's representation dated 26.04.2023 and remove the illegal and unauthorized construction of the 5th respondent at Parameswari Nagar, Adayar, Chennai-20 comprised in T.S.No.2/5, T.S.No.2/159 and T.S.No. 2/160 (Old Survey No.64), T.S.No. 2/9, Block No.22 of Urur Village, Velachery Taluk, Chennai District and lies within the Sub Registration District of Adyar and Registration District of South Chennai.
For Petitioner : Mr. K. Suthan For Respondents : Mr. E.C. Ramesh for R1 to R4 Standing Counsel Mr.M.P. Mohandas - R5 Party-in-person Page 2/6
ORDER
This writ petition has been filed to direct the respondents 1 to 4 herein to take Judicial action against the 5th respondent herein on the basis of petitioner's representation dated 26.04.2023 and to remove the illegal and unauthorized construction of the 5th respondent at parameswari Nagar, Adayar, Chennai-20 comprised in T.S.No.2/5, T.S.No.2/159 and T.S.No. 2/160 (Old Survey No.64), T.S.No. 2/9, Block No.22 of Urur Village, Velachery Taluk, Chennai District.
2. When the matter is taken up for hearing, it is submitted by the learned standing counsel appearing for R1 to R4 that, an appeal has been filed under Section 80A of the Town and Country Planning Act against the Lock and Seal notice dated 27.06.2023 and the same is pending. He further submitted that the Under Secretary to Government vide his letter dated 21.07.2023 had requested the Commissioner, Greater Chennai Corporation to send the detailed parawise remarks on the contention of the revision petitioner along with the connected original records of Greater Chennai Corporation/Zone-13 to the Government. Page 3/6
3. In the light of the above submission, there shall be a direction to the Secretary, Housing and Urban Development Department, Chennai, to dispose of the appeal within a period of four (4) weeks from the date of receipt of a copy of this order. It is needless to say that the petitioner as well as the 5th respondent shall be given notice on hearing of the appeal.
4. With the above direction, this Writ Petition is disposed of. No costs.
(J.N.B,J.) (N.M., J.) Index : Yes / No 16.08.2023 msv Page 4/6
To
1. The Commissioner Ripon Building No.53, Raja Muthaiah Road Kannappar Thidal Periyamet, Chennai-600003
2. The Assistant Commissioner (Zone-13) No.31, Thiruvengadam Street Adayar, Chennai-600 020
3. The Zonal Officer (Zone-13)
4. The Executive Engineer (Zone-13) Page 5/6
J. NISHA BANU, J.
and N.MALA,J.
msv 16.08.2023 Page 6/6