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Madras High CourtWP/141/2023disposed of

Mrs. Daisy v. The Commissioner

2023-01-05Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR W.P.No.141of 2023 Daisy ... Petitioner Vs.

1.The Commissioner Corporation of Greater Chennai Ripon Building, Chennai-600 003 2.Assistant Executive Engineer Corporation of Greater Chennai Division-14,Ward-190 Velachery-Tambaram main road Pallikaranai, Chennai-600 100 3.S.Dass ... Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of mandamus directing the respondents to consider the representation of the petitioner dated 01.09.2022 and cancel the construction plan issued vide No.PPA/WDCN14/00977/2019 and Construction Sanction No.BA/WDCN14/00947/2019 dated 13.03.2019 issued by the respondents 1st and 2nd and restrict them from constructing the building in door No.8, Velacherry main road, Pallikaranai village, Sholinganallur Taluk, Kanchipuram District comprised in Survey No.311/2 measuring an extent of 746 sq.ft which belongs to the petitioner.

For Petitioner : Ms.R.Malathi For Respondents : Mr.D.B.R.Prabhu for R1 and 2

O R D E R

This writ petition has been filed to direct the respondents to consider the representation of the petitioner dated 01.09.2022 and cancel the construction plan issued vide No.PPA/WDCN14/00977/2019 and Construction Sanction No.BA/WDCN14/00947/2019 dated 13.03.2019 issued by the respondents 1st and 2nd and restrict them from constructing the building in door No.8, Velacherry main road, Pallikaranai village, Sholinganallur Taluk, Kanchipuram District comprised in Survey No.311/2 measuring an extent of 746 sq.ft which belongs to the petitioner.

2. It is the contention of the petitioner to restrict the respondents from constructing the building in Survey No.311/2 measuring an extent of 746 sq.ft which belongs to the petitioner. Therefore, the petitioner gave a representation dated 01.09.2022, which has not been considered.

3. In such view of the matter, as the limited prayer is sought for by the petitioner, petitioner is directed to give a fresh representation within 10 days from the date of receipt of a copy of this order. On such representation

being given, the authorities may consider and pass orders on merits within a period of two months after giving notice to the 3rd respondent and after giving opportunity to the 3rd respondent.

4. With the above observation, this Writ Petition is disposed of. No costs.

05.01.2023 kpr Index:Yes/No Speaking/Non-speaking order To 1.The Commissioner Corporation of Greater Chennai Ripon Building, Chennai-600 003 2.Assistant Executive Engineer Corporation of Greater Chennai Division-14,Ward-190 Velachery-Tambaram main road Pallikaranai, Chennai-600 100

N. SATHISH KUMAR, J.

kpr 05.01.2023