K.A.Gopinath v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.09.2023

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.26857 of 2023 K.A.Gopinath

...Petitioner

Vs.

1. The Commissioner, Greater Chennai Corporation, Ripon Buildings, 53, Raja Muthiah Road, Periamedu, Chennai - 600 003.

2. The Zonal Officer, Greater Chennai Corporation Zone-3, No.1, Thattankulam Street, Bazaar Street, Madhavaram, Chennai.

3. The Assistant Executive Engineer, Chennai Greater Corporation Division-28, ArulNagar Main Road, Madavaram, Chennai.

...Respondents

1/4

Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to forthwith remove the illegally paid pipeline in Plot Nos.A1 to A7 in respect of the property bearing T.S.No.1/1, 1/2 Old S.F.No.17/2 Zone-3 Ward-A, Block No.3, Part No.28 Meenambal Avenue, Periasekkadu Village, Madavaram, Chennai within the stipulated time.

For Petitioner : Mr.N.Umapathi For Respondents : Mr.E.C.Ramesh Standing Counsel (GCC)

O R D E R

The petitioner herein seeks Writ of Mandamus directing the respondents to remove the illegally laid pipeline in Plot Nos.A1 to A7 situated in T.S.No.1/1, 1/2 (Old S.F.No.17/2) Zone-3 Ward-A, Block No.3, Part No.28 Meenambal Avenue, Periasekkadu Village, Madavaram, Chennai.

2. It is the case of the petitioner that he is the owner of the above said land and the respondents illegally laid pipeline and constructed a storm drain in the lands of the petitioner. In this regard, he submitted a 2/4

representation to the respondents on 26.07.2023 requesting them to remove the illegal construction in the property of the petitioner. The said representation has not been considered by the respondents till date. Therefore, the petitioner is before this court.

3. Mr.E.C.Ramesh, learned Standing Counsel appearing for the respondents submitted that the petitioner's representation will be considered and disposed of in accordance with law.

4. In view of the stand taken by the learned Standing Counsel for the respondents, without expressing any opinion on the merits of the claim made by the petitioner, this Court is inclined to issue a direction to the second respondent to consider the representation of the petitioner dated 26.07.2023 and dispose of the same in accordance with law, after affording opportunity to the petitioner, within a period of six weeks from the date of receipt of copy of this order.

3/4

S.SOUNTHAR , J.

dna

5. With the above direction, this Writ Petition is disposed of. No costs.

14.09.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No dna To

1. The Commissioner, Greater Chennai Corporation, Ripon Buildings, 53, Raja Muthiah Road, Periamedu, Chennai - 600 003.

2. The Zonal Officer, Greater Chennai Corporation Zone-3, No.1, Thattankulam Street, Bazaar Street, Madhavaram, Chennai.

3. The Assistant Executive Engineer, Chennai Greater Corporation Division-28, ArulNagar Main Road, Madavaram, Chennai.

W.P No.26857 of 2023 4/4