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Madras High CourtWP/41517/2016disposed of

P.S.Arun Kumar v. The Member Secretary

2016-12-12Honourable The Chief Justice,Honourable Mr Justice M. Sundar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.12.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.SUNDAR W.P.Nos.41517 of 2016 P.S.Arun Kumar .. Petitioner -vs1.The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natrajan Buildings, Egmore, Chennai-600 008.

2.The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai-600 003.

.. Respondents Writ Petitions filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondents to consider the representation of the petitioner dated 07.09.2016 within the time fixed by this Hon'ble Court. For Petitioners :

Mr.G.Murugendran For Respondents :

Mr.N.Sampath for R1 Mr.K.Soundararajan for R2 * * * * *

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) The learned Additional Advocate General submits that action is now taken to remove the unauthorised construction.

2. The issue, however, remains how the construction was made initially and was not prevented. Not only that the admitted position is after the initial stopping of the construction, the violator speeded up the work after the notice served on him. https://hcservices.ecourts.gov.in/hcservices/

3. We call upon respondent No.2/Commissioner to personally look into the issue of dereliction of duty by the Assistant Engineer and submit a report to us.

4. In so far as the removal of the unauthorised construction is concerned, we take the statement on record.

5. The writ petition, accordingly, stands disposed of. No costs.

6. List for compliance on 03.02.2017.

Sd/- Asst.Registrar (CS V ) /true copy/ Sub Asst. Registrar To 1.The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natrajan Buildings, Egmore, Chennai-600 008.

2.The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai-600 003.

3.The section Officer, Writ Section, HighCourt, Madras.

+ 1 cc to Mr.K.Soundararajan,advocate,sr.72942 +1 cc to M/s.N.Sampath,advocate,sr.72759 +1 cc to M/s.G.Murugesan,advocate,sr.72889.

rk(co) krd 27/12 W.P.No.41517 of 2016 https://hcservices.ecourts.gov.in/hcservices/