Mr. L. Nandakumar v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 5/1/2023 C O R A M THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR L. Nandakumar ...

Petitioner Vs

1. The Commissioner The Greater Corporation of Chennai Ripon Building Chennai 600 003.

2. The Principal Secretary to Government Housing & Urban Development Department Chennai Metropolitan Development Authority Thalamuthu Natarajan Maaligai 1 Gandhi Irwin Road, Egmore Chennai 600 008.

3. The Principal Secretary to Government of Tamil Nadu Registration Department Rajaji Salai, Fort St. George Chennai 600 009.

4. L. Leelakrishna

5. L. Hemalatha

6. L. Priyanka

7. L. Tejeshwar Page No:1/6

8. L. Sundareshwar

9. L. Maheshwar

10. V. Indumathy

11. M.R.Malathy

12. R. Shankar Bhat ...

Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the respondents 1 to 3 to consider the petitioner's representation dated 16/9/2021, within a reasonable time.

For Petitioner ...

Mr.Ajay Francis Inigo Loyola For respondents ...

Mrs.P.T.Ramadevi for R.1.

Mr.V.Nanmaran Additional Government Pleader for R.R.2 and 3.

Not ready in Notice for R.R.4 to 11.

Ms.Reshmi Christy for R.12 - - - - -

O R D E R

This writ petition has been filed to direct the respondents 1 to 3 to consider the petitioner's representation dated 16/9/2021. Page No:2/6

2. The case of the petitioner is that the petitioner is a resident of Sylvan Lodge Colony, Kilpauk, Chennai, which is a cul-de-sac. There are many cul-de-sac in and around the locality. In Kakada Ramprasad Restaurant, which is in 4th cross street of Sylvan Lodge colony, there is no gate or door from the said building. On the application made by the twelfth respondent, respondents 1 and 2 have given permission to install a gate in Sylvan Lodge Colony. Initially, only for the purpose of construction work, they were using Sylvan Lode Colony, II Street, but later, they were started using permanently. In this regard, the petitioner has given a representation, dated 16/9/2021, to the respondents 1 to 3. Since, the same has not been considered, so far, the petitioner has come forward with the present writ petition, praying for the relief as stated therein.

3. Heard Mr.Ajay Francis Inigo Loyola, learned counsel for the petitioner, Mrs.P.T.Ramadevi, learned counsel for the first respondent, Mr.V.Nanmaran, learned Additional Government Pleader for the respondents 2 and 3 and Ms.Reshmi Christry, learned counsel for twelfth respondent.

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4. The learned counsel appearing for the twelfth respondent submitted that the petitioner has already filed a Civil Suit, which is pending before the City Civil Court.

5. Without going into the merits of the case, this Court is inclined to direct the respondents 1 to 3 to consider the representation of the petitioner, dated 16/9/2021, within a reasonable time will serve the ends of justice.

6. Accordingly, the respondents 1 to 3 is directed to consider the representation of the petitioner, dated 16/9/2021, and pass an order, on merits and in accordance with law, within a period of three months, from the date of receipt of a copy of this order, after giving sufficient opportunity of hearing to the petitioner as well as the twelfth respondent,

7. With the above direction, this writ petition is disposed of. No costs.

5/1/2023 mvs.

Index : Yes / No Internet: Yes Speaking/non speaking order Page No:4/6

To

1. The Commissioner The Greater Corporation of Chennai Ripon Building Chennai 600 003.

2. The Principal Secretary to Government Housing & Urban Development Department Chennai Metropolitan Development Authority Thalamuthu Natarajan Maaligai 1 Gandhi Irwin Road, Egmore Chennai 600 008.

3. The Principal Secretary to Government of Tamil Nadu Registration Department Rajaji Salai, Fort St. George Chennai 600 009.

Page No:5/6

N.SATHISH KUMAR,J mvs.

W.P.No.26093 of 2021 5/1/2023 Page No:6/6