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Madras High CourtWP/5299/2016disposed of

P.Balasundaram v. The Commissioner

2016-02-12Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 12-02-2016

CORAM:

THE HONOURABLE MR. JUSTICE R. SUBBIAH W.P.No.5299 of 2016 P. Balasundaram .. Petitioner Vs.

1.

The Commissioner Corporation of Chennai Ripon Building Chennai - 600 003 2.

The Executive Engineer (Town Planning) Ripon Buildings Corporation of Chennai Chennai - 600 003 .. Respondents Petition filed under Article 226 of the Constitution of India praying for a writ of Mandamus directing the respondents to consider the petitioner's representation dated 23-01-2014, thereby renewing the building and planning permission PPA/WDCO4/06017/2013 dated 22-07-2013 of the petitioner and pass orders.

For petitioner ::

Mr. S. Ramesh Kumar For respondents ::

Mr. P.V. Selva Kumar

ORDER

The petitioner has filed this writ petition for a direction to the respondents to consider the petitioner's representation dated 23-01-2014, thereby renewing the building and planning permission PPA/WDCO4/06017/2013 dated 22-07-2013 of the petitioner.

2.

The case of the petitioner is that the petitioner's application for demolition of the old building bearing No.29/38, Arumugam Street, Old Washermenpet, Chennai - 600 021 and reconstruction of the same was processed and the second respondent accorded sanction to demolish the said building and for reconstruction of a new building with certain conditions, one of which is to complete the said process by 21-01-2014. The said condition could not be complied with for the reason that https://hcservices.ecourts.gov.in/hcservices/

one of the tenant in the said building did not vacate the premises causing the petitioner to file an eviction petition. The said eviction proceedings came to an end only on 30-01-2016. Thereafter, the petitioner approached the respondents for renewal of aforestated sanction order with a representation dated 23-01-2014. The said representation was not considered by the respondents. Hence the petitioner has moved this Court. 3.

As the prayer is to consider the representation, without going into the merits of the case, this Court directs the respondents to consider the representation dated 23-01-2014, within a period of eight weeks from the date of receipt of a copy of this order, on merits and in accordance with law. The writ petition is disposed of accordingly. No costs. glp s/d- Assistant Registrar(CS-V) True Copy Sub-Assistant Registrar To 1.

The Commissioner Corporation of Chennai Ripon Building Chennai - 600 003 2.

The Executive Engineer (Town Planning) Ripon Buildings Corporation of Chennai Chennai - 600 003 + 1 cc to M/s.P.V.Selvakumar, Advocate SR 9211 + 1 cc to M/s.S.Ramesh Kumar, Advocate SR 9219 rsk(co) prk26/2 W.P.No.5299 of 2016 https://hcservices.ecourts.gov.in/hcservices/