S.Vadivel v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.10.2022 CORAM :

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR S.Vadivel .. Petitioner Vs 1.The Commissioner, Greater Chennai Corporation, RIPON Building, E.V.R. Road, Park Town, Chennai.

2.The Executive Engineer, Zone-XIV, Greater Chennai Corporation, No.6/64, Puzhuthiwakkam Main Road, Chennai-600 091.

3.The Assistant Executive Engineer, Zone-XIV, Unit - 41, Greater Chennai Corporation, No.6/64, Puzhuthiwakkam Main Road, Chennai-600 091.

4.Arulvel .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 1 to 3

to take action as against the unauthorised building of the 4th respondent at Door No.85, Kamarajar Main Road, Kottivakkam, Chennai-41 based on the representation of the petitioner dated 08.9.2022 within a time frame.

For the Petitioner : Mr.V.C.Selvasekaran For the Respondents : Mr.D.B.R.Prabhu Standing Counsel for respondents 1 to 3

ORDER

(Order of the court was made by the Hon'ble Acting Chief Justice) S.Vadivel, son of Subramani, has filed this writ petition seeking issuance of a writ of mandamus directing respondents 1 to 3 to take action as against the unauthorised building of the fourth respondent at Door No.85, Kamarajar Main Road, Kottivakkam, Chennai, based on the representation of the petitioner dated 8.9.2022.

2. When the matter was taken up, Mr.D.B.R.Prabhu, learned counsel appearing on behalf of respondents 1 to 3, submitted that

action has already been initiated by issuing a notice dated 8.10.2022 directing the fourth respondent to stop the construction work and also produced a copy of the approved plan in original for verification.

3. Since action has already been initiated by the Corporation of Chennai regarding the alleged unauthorized construction put up by the fourth respondent, we hereby dispose of the writ petition with a direction to respondents 1 to 3 to proceed further in the matter in accordance with law and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order. There will be no order as to costs.

(T.R., ACJ.) (D.K.K., J.) 13.10.2022 Index : No sasi

To:

1.The Commissioner, Greater Chennai Corporation, RIPON Building, E.V.R. Road, Park Town, Chennai.

2.The Executive Engineer, Zone-XIV, Greater Chennai Corporation, No.6/64, Puzhuthiwakkam Main Road, Chennai-600 091.

3.The Assistant Executive Engineer, Zone-XIV, Unit - 41, Greater Chennai Corporation, No.6/64, Puzhuthiwakkam Main Road, Chennai-600 091.

T.RAJA, ACJ.

AND D.KRISHNAKUMAR,J.

(sasi) 13.10.2022