Vignesh v. The State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR.JUSTICE N. SESHASAYEE W.P.No.31492 of 2019 Vignesh .. Petitioner Vs 1.The State Rep by its The Commissioner O/o. Commissioner of Corporation Rippon Building Chennai.

2.Veerapan .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st respondent to remove the encroachment made by the 2nd respondent in Dr.Thomas Road, T.Nagar, Chennai pursuant to the petitioner representation dated 07.08.2019.

For Petitioner : Mr.R.Thirumoorthy For 1st Respondent : Mr.K.Soundarrajan Standing Counsel

O R D E R

[Order of the Court was made by M.SATHYANARAYANAN, J] By consent, this writ petition is taken up for final disposal.

2. The petitioner claims to be a public interest litigant and also a resident of Dr.Thomas Road, T.Nagar, Chennai - 600 017 and according to him, second respondent had occupied a place belonging to the Greater Chennai City Municipal Corporation and made a permanent construction and started to selling various articles (general stores).

3. The learned counsel appearing for the petitioner would submit that the second respondent is a politician and also a https://hcservices.ecourts.gov.in/hcservices/

member of the ruling party and that is why, despite very many personal representations followed by a written representation dated 07.08.2019, no action is taken by the first respondent and therefore, he is constrained to approach this Court by filing this writ petition.

4. Though the petitioner prays for larger relief, this Court in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioner either in his representation or in this writ petition, directs the Executive Engineer, Zone-X, to put the petitioner as well as the second respondent on notice and cause inspection of the place, in which the second respondent is said to have been put up an unauthorized construction for commercial purposes and depending upon the result of the inspection, shall take immediate and appropriate action and also adhering to the principles of natural justice and complete the exercise within a period of six weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner as well as to the second respondent.

5. This writ petition stands disposed of accordingly. No costs.

6. Call on 06.12.2019. Status report of the Executive Engineer, Zone-X, with supporting documents and photographs by then.

Sd/- Assistant Registrar(Insp.cell) //True copy// Sub Assistant Registrar vsm To

1. The Commissioner O/o. Commissioner of Corporation Rippon Building,Chennai.

2.

The Executive Engineer, Zone-X, No.64, NSK Salai, Kodambakkam, Chennai - 600 024.

+1cc to Mr.K.Soundarrajan, Advocate SR.No.93671 W.P.No.31492 of 2019 SPD(CO) GMY(22/11/2019) https://hcservices.ecourts.gov.in/hcservices/