M.Mohan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR and THE HONOURABLE MR. JUSTICE P.B. BALAJI W.P.No.32212 of 2024 and W.M.P. No.34986 of 2024 M. Mohan Petitioner vs.

1.

The Commissioner Chennai Corporation Ripon Building Chennai 600 003 The Revenue Officer Revenue Department Chennai Corporation Ripon Building Chennai 600 003 The Assistant Engineer Chennai Corporation Zone - X, Ward 139 11/25, Dr. Ambedkar Road Corporation Colony Kamaraj Colony Kodambakkam Chennai 600 024 4.

M. Baskar 5.

D. Danasekar 6.

D. Pushparaj 7.

P. Thenmozhli Respondents Writ Petition filed under Article 226 of the Constitution of India 1/6

seeking a writ of mandamus directing the respondents 1 to 3 to consider the petitioner's representation dated 23.08.2024 and 26.09.2024 and dispose of the same upon inspection of the building as per law.

For petitioner Mr. V. Karthikeyan for Mr.S. Senthil Nathan For RR 1 to 3 Mr. A. Arun Babu Standing Counsel

ORDER

(made by D. KRISHNAKUMAR, J.) This writ petition has been filed seeking a writ of mandamus directing the official respondents to consider and pass orders on the petitioner's representations dated 23.08.2024 and 26.09.2024 within a time frame.

Seemingly, the petitioner and the private respondents are relatives and they are all residing in a particular house in Old Door No.3, New Door No.1, C.P. Sundaramoorthy Street, Barathi Block, Jafferkhanpet, Chennai 600 083. It also appears that the private respondents are residing in the said house on the strength of a settlement deed executed in their favour by the petitioner's father. 2/6

According to the petitioner, the private respondents are going ahead with unauthorised construction in the said house notwithstanding its instability and hence, he addressed representations dated 23.08.2024 and 26.09.2024 to the official respondents seeking demolition of unauthorised construction, for which, there is no response and ergo, this writ petition seeking the aforesaid relief.

4.

Mr. A. Arun Babu, learned Standing Counsel, accepts notice for the official respondents.

5.

Considering the limited scope of the relief sought by the petitioner, without going into the merits of the case, this Court directs the third respondent to consider the petitioner's latest representation dated 26.09.2024 and take appropriate action, if any unauthorised construction is found, as alleged by the petitioner, of course, after affording an opportunity to all the parties concerned. The entire exercise shall be carried out within a period of six weeks from the date of receipt of a copy of this order. 3/6

With the above directions, this writ petition stands disposed of sans costs. Connected W.M.P. stands closed.

(D.K.K., J.) (P.B.B., J.) 29.10.2024 cad 4/6

To 1.

The Commissioner Chennai Corporation Ripon Building Chennai 600 003 The Revenue Officer Revenue Department Chennai Corporation Ripon Building Chennai 600 003 The Assistant Engineer Chennai Corporation Zone - X, Ward 139 11/25, Dr. Ambedkar Road Corporation Colony Kamaraj Colony Kodambakkam Chennai 600 024 5/6

D. KRISHNAKUMAR, J.

and P.B. BALAJI, J.

cad W.P. No.32212 of 2024 29.10.2024 6/6