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Madras High CourtWP/26865/2023disposed of

K.J.Raghavendra v. The Commissioner

2025-10-09Honourable Mr Justice M.S. Ramesh,Honourable Mr.Justice R.Sakthivel6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.10.2025 CORAM :

THE HONOURABLE MR.JUSTICE M.S.RAMESH AND THE HONOURABLE MR.JUSTICE R.SAKTHIVEL and W.M.P.No.26277 of 2023 K.J.Raghavendra

...Petitioner

Vs.

1.The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai - 3.

2.Regional Deputy Commissioner, Greater Chennai Corporation, Zone-5 (Royapuram), Basin Bridge, Chidambaram Nagar, Chennai.

3.The Assistant Engineer, Greater Chennai Corporation, No.2, Memorial Hall Street, Park Town, Chennai - 3.

4.K.J.Ravichandran 5.S.Shak Masum 6.S.K.Rahim Uddin 7.Mikal Mallick 8.Intiaz Mallick 9.Ashok Kumar 10.B.Suresh Nikan 11.Praveen Pandurang Salvnkhe

12.Mothiar Ali Mondal

...Respondents

(R5 to R12 impleaded vide order dated 11.06.2025 made in W.M.P.No.16416 of 2024) Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Certiorarified Mandamus to consider the petitioner's complaint dated 08.08.2023 to the respondents 1 to 3 as against the tenants and fourth respondent and issue necessary direction to the second respondent to lock and seal the building in pursuance of notice dated 17.07.2023 issued under Section 258 of CCMC Act IV of 1919 bearing Z.O.V.C.No.7249/2023.

For Petitioner : Mr.W.M.Abdul Azeez For R1 to R3 : Mr.D.B.R.Prabhu Standing Counsel For R4 : Mr.G.V.Sridharan For R9 & R11 : Mr.Shajan Varghese For R5, R6, R8, R10 & R12 : Mr.D.H.Surendarsah

ORDER

(Order of the Court was made by M.S.RAMESH,J.) The petitioner has given a representation dated 08.08.2023 to the respondents 1 to 3 herein, requesting to take immediate action against the respondents 4 to 8 and to lock and seal the building in pursuance of

notice dated 17.07.2023. Since the said representation has not been considered till date, the present Writ Petition has been filed.

2. Heard the learned counsel for the petitioner and the learned counsels appearing for the respondents.

3. It is needless to point out that whenever a representation of this nature is made to an Authority, there is a duty cast upon them to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, nonconsideration of the representation by the Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time.

4. In view of the above observation, this Court, without going into the merits of the petitioner's representation or the contentions of the petitioner in the affidavit filed in support of this Writ Petition, directs the respondents 1 to 3 to consider the representation of the petitioner dated 08.08.2023, if not already disposed of, and pass appropriate orders, in

accordance with the provisions of the Chennai City Muncipal Corporation Act, after giving due opportunity to the petitioner as well as the other interested parties, within a period of three months from the date of receipt of a copy of this order and communicate the same to the petitioner.

5. With the above direction, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. [M.S.R.,J] [R.S.V.,J] 09.10.2025 Index:Yes/No Speaking order/Non-Speaking Order hvk

To 1.The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai - 3.

2.The Regional Deputy Commissioner, Greater Chennai Corporation, Zone-5 (Royapuram), Basin Bridge, Chidambaram Nagar, Chennai.

3.The Assistant Engineer, Greater Chennai Corporation, No.2, Memorial Hall Street, Park Town, Chennai - 3.

M.S.RAMESH, J.

and R.SAKTHIVEL, J.

hvk 09.10.2025