Public Servants Residents v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.03.2018

CORAM

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM WP.No.41055 of 2016 Public Servants Residents Welfare Association, Rep. By its President, Mr.K.Paul Jeyaraj, No.40, Thandapani Street, Velachery, Chennai - 600 042.

...Petitioner

Vs.

1. The Commissioner, Corporation of Chennai, Ripon Building, Chennai - 600 003.

2. The Member Secretary, Thalaimuthu Natarajan Maligai, No.8, Gandhi Irwin Road, Egmore, Chennai - 600 008.

3. The Zonal Engineer, No.42, 1st Cross Road, Indhira Nagar, Chennai - 600 020.

...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 water tank fixed in front of his house at No.40, Thandapani Street, Velachery, Chennai - 600 042 by considering the petitioner's representation dated 14.10.2016.

For Petitioner : M/s.K.Suthan For Respondents : Mr.A.Nagarajan (for R1) Mr.N.Ramesh (for R2 & R3)

ORDER

This writ petition has been filed for a direction to the respondents to remove the water tank fixed in front of house of the petitioner, bearing Door No.40, Thandapani Street, Velachery, Chennai - 600 042, by considering the petitioner's representation dated 14.10.2016.

2. Heard the learned counsel for the petitioner and the learned Standing Counsels appearing for the respondents.

3. The learned counsel for the petitioner submitted that there is no necessity for erecting water tank in the area of the petitioner and it is also kept unused, so the petitionerAssociation gave a representation to the respondents to remove the water tank. Since no action was taken, the present writ petition.

4. The learned Standing Counsel for the respondents 2 and 3 submitted that the representation of the petitioner-Association would be considered in accordance with law.

5. In the light of the above submissions, this Court without going into the merits of the case, directs the 3rd respondent to take appropriate action on the representation of the petitioner, dated 14.10.2016, on merits and in accordance with law, after providing an opportunity of hearing to the necessary parties, within a period of twelve weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar(CS II) //True copy// Sub Assistant Registrar pvs To

1. The Commissioner, Corporation of Chennai, Ripon Building, Chennai - 600 003.

2. The Member Secretary, Thalaimuthu Natarajan Maligai, No.8, Gandhi Irwin Road, Egmore, Chennai - 600 008.

3. The Zonal Engineer, No.42, 1st Cross Road, Indhira Nagar, Chennai - 600 020.

+1cc to Mr.A.Nagarajan, Advocate SR.No.18554 +1cc to Mr.N.Ramesh, Advocate SR.No.18048 +1cc to Mr.K.Suthan, Advocate SR.No. 17982 WP.No.41055 of 2016 SVI(CO) GN(03/04/2018)