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Madras High CourtWP/41045/2016disposed of

S.Gopal, v. The Commissioner,

2018-03-08Honourable Mr Justice K. Kalyanasundaram3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.03.2018

CORAM

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM WP.No.41045 of 2016 S.Gopal

...Petitioner

Vs.

1. The Commissioner, Ripon Buildings, Chennai - 600 003.

2. The Assistant Engineer, Zone-VI, Division No.65, Kolathur, Chennai - 600 099.

3. The Assistant Engineer, 5th Floor, Ripon Buildings, Chennai - 600 003.

...Respondents

PRAYER:

Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the respondents to remove the Advertisement Board-cumSteel Shadow Roof (Bus Stand Roof) erected in front side of the petitioner's building situated at Plot No.75 & 76, Sivananda Nagar, 200 Feet Road, Kolathur, Chennai - 600 099 by considering the representation of the petitioner dated 17.11.2016, immediately.

For Petitioner : Mr.A.Rajesh Kanna For Respondents : Mr.A.Nagarajan

ORDER

This writ petition has been filed seeking direction to the respondents to remove the Advertisement Board-cum-Steel Shadow Roof erected in front side of the petitioner's building, by considering the representation of the petitioner dated 17.11.2016.

2. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents.

3. The learned counsel for the petitioner submitted that the representation of the petitioner was not considered by the respondents and hence, the present writ petition. If a direction is issued to the 3rd respondent to consider the representation of the petitioner, the petitioner would be satisfied.

4. The learned Standing Counsel for the respondents submitted that the Competent Authority is the Zonal Officer, Zone-VI, Division No.65, Kolathur, Chennai - 600 099. If a fresh representation is given to the said Zonal Officer, the same would be considered in accordance with law.

5. In the light of the submissions of the learned counsels, this Court, without going into the merits of the case, directs the petitioner to give fresh representation to the Zonal Officer, Zone-VI, Division No.65, Kolathur, Chennai - 600 099, by enclosing a copy of this order. On such compliance, the said Zonal Officer shall pass appropriate orders on merits and in accordance with law, after providing an opportunity of hearing to the necessary parties.

6. With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar pvs To

1. The Commissioner, Ripon Buildings, Chennai - 600 003.

2. The Assistant Engineer, Zone-VI, Division No.65, Kolathur, Chennai - 600 099.

3. The Assistant Engineer, 5th Floor, Ripon Buildings, Chennai - 600 003.

+1cc to Mr.A.Rajeshkanna, Advocate, S.R.No.17721 +1cc to Mr.A.Nagarajan, Advocate, S.R.No.18555 WP.No.41045 of 2016 EV(CO) RRK(10/04/2018)