P.Kirubanandam v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.08.2024 CORAM :

THE HON'BLE MR.D.KRISHNAKUMAR, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.B.BALAJI P.Kirubanandam .. Petitioner Vs 1.The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai-600 003.

2.The Executive Engineer, Zone-7, Greater Chennai Corporation, Ambattur, Chennai-600 053.

3.D.Prithiviraj 4.Jayanthi 5.Gunaseelan .. Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the first respondent to take immediate action against the unauthorised constructed building without obtaining proper planning permissions by respondents 3 to 5 and seeking issuance of lock and seal notice along with demolition order and execute the same based on the representation dated 8.6.2024.

For the Petitioner : Mr.D.Suriyanarayanan For Respondents : Mr.E.C.Ramesh Standing Counsel for respondents 1 and 2

ORDER

(Order of the Court was made by the Hon'ble Acting Chief Justice) Alleging that respondents 3 to 5 have put up unauthorised construction in Survey No.14/17 situated at New No.19, Old No.359, Pillaiyar Koil Street, Mannurpet, Chennai, the petitioner sent a representation to the respondent authorities on 8.6.2024. As the said representation did not educe any response, the present writ petition is filed.

2. Learned Standing Counsel appearing on behalf of respondents 1 and 2 fairly submitted that the representation of the petitioner dated 8.6.2024 will be considered and appropriate action shall be taken in accordance with law.

3. In view of the above, the writ petition is disposed of with a direction to the first respondent to consider the representation of

the petitioner dated 8.6.2024 and pass appropriate orders, on merits and in accordance with law, of course after providing an opportunity to respondents 3 to 5 and other interested persons, if any. The entire 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.) 23.08.2024 Index :

Yes/No NC :

Yes/No sasi To:

1.The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai-600 003.

2.The Executive Engineer, Zone-7, Greater Chennai Corporation, Ambattur, Chennai-600 053.

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

(sasi) 23.08.2024