S.Gowri v. The Commissioner Of Corporation
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.11.2024
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.34260 of 2024 S.Gowri
...Petitioner
Vs.
1. The Commissioner of Corporation, O/o the Corporation of Chennai, Rippen building, Chennai - 600 003.
2. The Assistant Engineer, Manali Zone, Corporation of Chennai, Chennai - 600 068.
3. The Tahsildar, Thiruvotiyur Taluk, Thiruvotiyur, Chennai - 600 019.
4. The Assistant Executive Engineer, Tamilnadu Housing Board, Anna Nagar Division, Thirumangalam, Chennai - 600 101.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents herein to consider the representation of the petitioner dated 19.09.2024 and to pass appropriate order and thereby to conduct joint survey and to measure the property belonging to the petitioner within a time frame fixed by this Court. 1/5
For Petitioner : Mr.G.Ilamurugu For R1 & R2 : Mr.G.T.Subramanian Standing Counsel For R3 : Mr.V.Ramesh Government Advocate For R4 : Mr.D.Veerasekaran Standing Counsel
O R D E R
The petitioner herein seeks a direction to the respondents to consider her representation dated 19.09.2024 seeking to survey the plot belonged to the petitioner in plot No.726, block No.5, MIG Manali New Town Neighbourhood Scheme Phase - I, Sadayanakuppam Village, Thiruvotriyur Taluk, Thiruvallur District, Chennai.
2. It is the case of the petitioner that the above mentioned property was purchased by the petitioner under registered sale deed dated 28.04.2011 from one Annadurai. Originally the plot was allotted by the fourth respondent to the petitioner's vendor Annadurai. After purchase, the petitioner wanted to put up a building in the plot and the same was opposed by the neighbouring plot owners. Therefore, the petitioner submitted a representation dated 19.09.2024 before the third respondent seeking survey of the property and the same has not been considered till date. Therefore, the petitioner is before this Court. 2/5
3. Mr.G.T.Subramanian, learned Standing Counsel takes notice for the respondents 1 & 2, Mr.V.Ramesh, learned Government Advocate takes notice for the third respondent and Mr. D.Veerasekaran, learned Standing Counsel takes notice for the fourth respondent.
4. The learned Government Advocate appearing for the third respondent would submit that the petitioner has to submit a proper on-line application along with necessary documents for survey of the property and on such application her request will be considered, on merits, in accordance with law.
5. In view of the above submission made by the learned Government Advocate, without going into the merits of the claim made by the petitioner, this Court is inclined to issue a direction to the petitioner to file an on-line application seeking survey of the subject property with necessary supporting documents within a period of two weeks from the date of receipt of a copy of this Order. On filing of such application by the petitioner within a stipulated time, the third respondent shall consider the same and pass final orders on its own merits, after issuing necessary notice to the petitioner, neighbouring land owners and any other interested parties within a period of eight weeks from the 3/5
date of filing of on-line application.
6. With the above direction, this Writ Petition is disposed of. No costs.
20.11.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order av To
1. The Commissioner of Corporation, O/o the Corporation of Chennai, Rippen building, Chennai - 600 003.
2. The Assistant Engineer, Manali Zone, Corporation of Chennai, Chennai - 600 068.
3. The Tahsildar, Thiruvotiyur Taluk, Thiruvotiyur, Chennai - 600 019.
4. The Assistant Executive Engineer, Tamilnadu Housing Board, Anna Nagar Division, Thirumangalam, Chennai - 600 101.
4/5
S. SOUNTHAR, J.
av W.P No.34260 of 2024 20.11.2024 5/5