A.R.Murali v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.11.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P. Nos.41502 and 41503 of 2016 and W.M.P.Nos.35478 and 35479 of 2016 A.R.Murali .. Petitioner in WP.41502/2016 S.Sampath Kumar .. Petitioner in WP.41503/2016 -vs1.The Commissioner, Corporation of Chennai, Ripon Buildings, Chennai 600 003.

2.The Assistant Commissioner, Zone No.13, Corporation of Chennai, No.115, Dr.Muthu Lakshmi Road, (L.B. Road), Adyar, Chennai 600 020.

3.The Assistant Engineer (Civil) Ward No.182, Corporation of Chennai, South Avenue, Thiruvanmiyur, Chennai 600 041.

4.Santhanakrishnan .. Respondents in both WPs.

Petitions filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct respondents 1 to 3 to take action(s) to demolish the illegal construction being carried out by fourth respondent in the set backs and third floor of the building at Plot No.318, 4th Main Road, Kamaraj Nagar East, Thiruvanmiyur, Chennai 600 041 and also take any further action or actions against the fourth respondent herein.

For Petitioners :

Mr.G.Sugadev Rajaguru For Respondents :

Mr.V.C.Selvasekaran for RR 1 to 3

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) Learned counsel for the Corporation states that since the allegation in the petitions itself is that the third respondent has visited the site about two to three months back, necessary action will be forthwith taken in accordance with law. 2.We take the aforesaid statement on record and dispose of the writ petitions. No costs. Consequently, W.M.P.Nos.35478 and 35479 of 2016 stand closed.

3.However, we would like to know as to why the authorities, after inspection of site, did not take any action and if they did, what action they have taken. An affidavit of compliance in this behalf be filed within fifteen (15) days. 4.List for compliance on 16.12.2016.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Commissioner, Corporation of Chennai, Ripon Buildings, Chennai 600 003.

2.The Assistant Commissioner, Zone No.13, Corporation of Chennai, No.115, Dr.Muthu Lakshmi Road, (L.B. Road), Adyar, Chennai 600 020.

3.The Assistant Engineer (Civil) Ward No.182, Corporation of Chennai, South Avenue, Thiruvanmiyur, Chennai 600 041.

4 The Section Officer, Writ Section, High Court, madras104 +2cc to Mr.G. Sugadev Rajasnew, Advocate, S.R.No.69096,69097 ppa(CO) md(02/12/2016) W.P.Nos.41502 and 41503 of 2016