Khaja Mohideen (Deceased) v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.02.2025

CORAM:

THE HONOURABLE MRS. JUSTICE J. SATHYA NARAYANA PRASAD Khaja Mohideen (died) 1.K.Saleema Beevi 2.Shagul Hameed 3.Ibrahim 4.Mohideen Abdul Khader 5.Kamarinisha (impleaded vide order dated 13.02.2025 in WMP.No.1319 of 2025) ... Petitioners vs 1.The Commissioner Greater Chennai Corporation Rippon Building Park Town Chennai - 600 003.

2.The Executive Engineer Ward 200 Zone XV Corporation of Chennai Chennai ...

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus to direct the respondent to dispose of the representation dated 07.08.2019 for laying of road and for provision of other facilities by the Corporation of Chennai for the property admeasuring to an extent of 1 acre 97 cents comprised in S.No.391/10 and S.No.391/5 1/6

Chemmencherry Village, St.Thomas Mount Panchayat Union, Kancheepuram District situate within the jurisdiction. For Petitioner : Mr.L.Dhamodharan For Respondents : Mr.Aswini Devi, Standing counsel for R1 & R2.

O R D E R

This writ petition has been filed to direct the respondent to dispose of the representation dated 07.08.2019 for laying of road and for provision of other facilities by the Corporation of Chennai for the property admeasuring to an extent of 1 acre 97 cents comprised in S.No.391/10 and S.No.391/5 Chemmencherry Village, St.Thomas Mount Panchayat Union, Kancheepuram District.

2. The petitioner purchased the property in Doc.No.1921 of 1982 in S.No.391/10 and 391/5 at Chemmencherry Village, St.Thomas Mount Panchayat Union, Kancheepuram District. The revenue authorities have issued patta in favour of the petitioner and the petitioner is also regularly paying the tax and other charges to the revenue department. The connecting road to the petitioner's property is mud road running from north to south and the only way of ingress and egress to the property. The said mud road is in pathetic condition and the same is not proper for usage. After expansion of 2/6

Chennai Corporation, the aforesaid property falls within the limit of Chennai Corporation. The basic infrastructure viz road and street light facilities have not been provided. Hence, the petitioner submitted a representation dated 07.08.2019 to the first respondent. In response, the respondents have not taken any action till date, left with no other option, the petitioner filed the present writ petition.

3. The learned counsel for the petitioner would submit that the petitioner has made detailed representation dated 07.08.2019 with regard to laying of connectivity road to the petitioner's property and other basic facilities. The mud road which is in existence are in usage for decades and the same is in pathetic condition. The property was purchased by the petitioner vide Doc.No.1921 of 1982 in S.No.391/10 and 391/5 at Chemmencherry Village, St.Thomas Mount Panchayat Union, Kancheepuram District. After the expansion of Chennai Corporation, the said property is coming within the jurisdiction of Chennai Corporation. The petitioner is regular in payment of all the dues to the authorities.

4. Per contra, the learned standing counsel for the respondents would submit that the petitioner's representation dated 07.08.2019 will be 3/6

considered on merits and in accordance with law by the second respondent who is the competent authority, within a time frame that may be fixed by this Court.

5. Heard the learned counsel appearing for the petitioner and the learned standing counsel appearing for the respondents and perused the materials available on record.

6. This Court directs the petitioner to submit a fresh representation addressing the grievances along with the copy of this Order to the 2nd respondent within a period of two weeks from the date of receipt of a copy of this order. In turn, the 2nd respondent is directed to consider the representation of the petitioner within a period of eight weeks thereon, on merits and in accordance with law, after giving due opportunity of personal hearing and pass appropriate orders.

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

13.02.2025 Speaking order / Non-speaking order Index : Yes / No 4/6

: Yes / No tsh To 1.The Commissioner Greater Chennai Corporation Rippon Building Park Town Chennai - 600 003.

2.The Executive Engineer Ward 200 Zone XV Corporation of Chennai Chennai 5/6

J. SATHYA NARAYANA PRASAD , J.

tsh 13.02.2025 6/6