K.M.Anand Joshi v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.10.2024 CORAM :
THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR K.M.ANAND JOSHI .. Petitioner Vs
1. THE COMMISSIONER GREATER CHENNAI CORPORATION RIPON BUILDING, CHENNAI - 600 003.
2. THE MEMBER SECRETARY CHENNAI METROPOLITAN DEVELOPMENT AUTHORITY NO.1, GANDHI IRWIN ROAD, EGMORE, CHENNAI - 600 008.
3. THE DIRECTOR GENERAL OF POLICE FIRE AND RESCUE SERVICES, NO.17, RUKMANI LAKSHMIPATHY ROAD, EGMORE, CHENNAI - 600 008.
4. DUG OUT REP. BY ITS MANAGER MALAYALEE CLUB, NO.28, 4TH FLOOR, CULB ROAD, SRINIVASAN NAGAR, CHETPET, CHENNAI - 600 031.
.. Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents to consider the
representation given by the petitioner dated 06.08.2024 and consequently direct respondents 1and 2 to remove the unauthorized construction done by the 4th respondent in the open terrace in the building owned by the Malayalee Club.
For Petitioner : Mr.Ganesh for M/s.V.Jai Hari Sudhan For Respondents : Ms.K.Ashwini Devi Standing Counsel for 1st respondent : Mr.C.Manoharan Standing Counsel for 2nd respondent
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) The prayer in the petition is to direct the Corporation, i.e., first respondent, to consider the representation dated 6.8.2024 given by petitioner and take appropriate action in accordance with law.
2. Ms.K.Ashwini Devi, learned counsel for first respondent, states that the representation will be considered and disposed of in accordance with law within a period of four weeks. Learned counsel further states that the Corporation will also inspect the premises to see if there are any
permissions obtained.
3. In view of the statement made by learned counsel for Corporation, the writ petition is disposed of. Any order being passed by the first respondent shall be a reasoned order dealing with all the facts and circumstances of the case. If the order to be passed by first respondent is going to be adverse to the fourth respondent, then a personal hearing shall be given to fourth respondent as well as petitioner. We clarify that we have not expressed any opinion on the merits of the matter. There shall be no order as to costs.
(K.R.SHRIRAM, CJ) (D.KRISHNAKUMAR,J.) 01.10.2024 Index :
Yes/No NC :
Yes/No sasi
To:
1. THE COMMISSIONER GREATER CHENNAI CORPORATION RIPON BUILDING, CHENNAI - 600 003.
2. THE MEMBER SECRETARY CHENNAI METROPOLITAN DEVELOPMENT AUTHORITY NO.1, GANDHI IRWIN ROAD, EGMORE, CHENNAI - 600 008.
3. THE DIRECTOR GENERAL OF POLICE FIRE AND RESCUE SERVICES, NO.17, RUKMANI LAKSHMIPATHY ROAD, EGMORE, CHENNAI - 600 008.
THE HON'BLE CHIEF JUSTICE AND D.KRISHNAKUMAR,J.
(sasi) 01.10.2024