A.Nagendran v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.11.2019
CORAM:
THE HON'BLE MR. JUSTICE M.M.SUNDRESH and THE HON'BLE MR. JUSTICE RMT. TEEKAA RAMAN W.P.No.33135 of 2019 A.Nagendran ... Petitioner vs.
1.
The Commissioner, Greater Chennai Corporation, Ripon Buildings, Chennai - 600 003.
The Central Divisional Deputy Commissioner, Office of Central Division Deputy Commissioner and Regional Office - 8, New No.36-B, Old No.12B Pulla Avenue, Shenoy Nagar, Chennai 600 030.
The Assistant Engineer, Office of Assistant Engineer, Ward No.105, Block 22, Division - 8, Kannagi Street, Asoka Nagar, Arumbakkam, Chennai - 600 106.
4.
Ramesh ... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking to issue a writ of Mandamus, directing the Mandamus, directing the Respondents 1 to 3 to consider the Petitioner's representation, dated 24.09.2019 and remove the small Vinayagar Temple and the 50 feet encroachment made by the 4th Respondent by erecting Grill Gate in the middle of the street at Nehru Nagar, Panchali Ammal Kovil Street, Arumbakkam, Chennai 600 106.
For Petitioner :
Mr.V.Raghupathi For Respondents 1 to 3 :
Dr.C.Ravichandran
O R D E R
(Order of the Court made by M.M.SUNDRESH,J.) The Petitioner, who is a resident of Arumbakkam, made a specific plea to Respondents 1 to 3/Chennai Corporation, inter alia alleging that, the 4th Respondent has put up an unauthorized construction in the street, by erecting a Temple, and that, the said place is also used for unauthorized parking. As no action is forthcoming, the present Writ Petition has been filed.
Learned counsel for the Petitioner submitted that, the Petitioner's representation dated 24.09.2019, will have to be directed to be considered by the Executive Engineer, Ward No.105, Division 22, Zone - 8, Anna Nagar, Chennai. Learned counsel appearing for the Respondents/Corporation submitted that, as and when a complaint is made by the Petitioner to the aforesaid authority, appropriate action will be taken as per law.
4.
In such view of the matter, we direct the Petitioner to send a fresh complaint to the Executive Engineer, Ward No.105, Division - 22, Zone - 8, Anna Nagar, Chennai, within a period of two weeks from the date of receipt of a copy of this order.
5.
On receipt of such complaint from the Petitioner, the said authority, viz. the Executive Engineer, Ward No.105, Division - 22, Zone - 8, Anna Nagar, Chennai, shall take necessary action in accordance with law, after issuing notice to the Petitioner and the 4th Respondent, and pass appropriate orders, within a period of six weeks.
The Writ Petition is disposed of with the above direction. No costs.
-s/d- Assistant Registrar(CS-I) True Copy Sub-Assistant Registrar (aeb)
To:
1.
The Commissioner, Greater Chennai Corporation, Ripon Buildings, Chennai - 600 003.
The Central Divisional Deputy Commissioner, Office of Central Division Deputy Commissioner and Regional Office - 8, New No.36-B, Old No.12B Pulla Avenue, Shenoy Nagar, Chennai 600 030.
The Assistant Engineer, Office of Assistant Engineer, Ward No.105, Block 22, Division - 8, Kannagi Street, Asoka Nagar, Arumbakkam, Chennai - 600 106.
4.The Executive Engineer, Ward No.105, Division- 22, Zone - 8, Anna Nagar, Chennai.
+1 CC to Govt. Pleader sr 99937 +1 CC to Dr.C.Ravichandran, Advocate sr 98745. +1 CC to Mr.V.Raghupathi, Advocate sr 14255(06/12/2019) W.P.No.33135 of 2019 RSI(CO) SP(03/12/2019)