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Madras High CourtWP/390/2016disposed of

Ahmed Yaseen v. The Commissioner,

2016-01-25Honourable Dr. Justice P. Devadass,Honourable Mr Justice Satish K. Agnihotri3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.01.2016

CORAM

THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE K.K.SASIDHARAN W.P. No.390 of 2016 Ahmed Yaseen ..

Petitioner Vs.

1.The Commissioner, Corporation of Chennai, Ripon Buildings, Chennai - 3.

2.The Secretary, Housing and Urban Development, Secretariat, Fort St. George, Chennai - 9.

..

Respondents Petition filed under Article 226 of The Constitution of India praying for the issuance of a writ of mandamus directing the second respondent to consider and pass orders on the petition dated 23.09.2015 sent by the petitioner seeking to remove the lock and seal put up by the first respondent Corporation to the petitioner's building at Old Door No.1/64, New Door No.1, 1st Street, Plot No.10/4, Arunachalapuram, Adyar, Chennai, enabling the petitioner to demolish and remove the unauthorised building.

For Petitioner .. Mr.V.Jeevagiridharan For Respondents .. Mr.R.Arunmozhi for R1 Mr.P.S.Sivashanmugha Sundaram, Spl. Govt. Pleader for R2

ORDER

(Order of the Court was made by SATISH K.AGNIHOTRI, J.) With the consent of the learned counsel for the parties, the writ petition is taken up for final disposal.

2.Seeking a direction to the second respondent to consider the representation of the petitioner dated 23 September 2015, the present writ petition is filed.

3.Pursuant to our notice dated 07 January 2016, Mr.K.Sampath Kumar, Executive Engineer - I, Zone 13, Corporation of Chennai, to whom the representation dated 17 July 2015 to deseal the premises for the removal of the deviations and unauthorised construction is made, is present in the Court. 4.Though the instant writ petition was filed, seeking a direction to the second respondent to consider the petitioner's representation dated 23 September 2015, the Executive Engineer - I, Zone 13, Corporation of Chennai, undertakes to take a decision on the representation dated 17 July 2015 addressed to the first respondent, on its own merits and in accordance with law, within a period of one week from today, to which, the learned counsel for the petitioner has no objection. 5.In view of the above submission made by the Executive Engineer - I, Zone 13, Corporation of Chennai, it is ordered accordingly.

6.With the above observation, the writ petition stands disposed of. No costs.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar mmi To 1.The Commissioner, Corporation of Chennai, Ripon Buildings, Chennai - 3.

2.The Secretary, Housing and Urban Development, Secretariat, Fort St. George, Chennai - 9.

3. The Executive Engineer-I, Zone 13, Corporation of Chennai +1 cc to Mr.Jeevagiridaran Advocate sr.4043 +1 cc to Mr.R.Arunmozhi Advocate sr.4314 +1 cc to Government Pleader sr.5136 W.P.No.390 of 2016 mg(co) aa05/02/2016