R.Sridharan, 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.33127 of 2019 R.Sridharan ... Petitioner vs.
1.
The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai 600 003.
The Regional Deputy Commissioner (Central), Greater Chennai Corporation, No.13B/36B, Pulla Avenue, 2nd Cross Street, Shenoy Nagar, Chennai - 600 030.
3.
The Executive Engineer (Enforcement-Region Central), Corporation of Chennai, Regional Office - Central, No.13B/36B, Pulla Avenue, 2nd Cross Street, Shenoy Nagar, Chennai - 600 030.
The Assistant Executive Engineer (Enforcement-Region Central), Corporation of Chennai, Regional Office - Central, No.13B/36B, Pulla Avenue, 2nd Cross Street, Shenoy Nagar, Chennai - 600 030.
5.
The Assistant Engineer (Zone - IX : Division 126), (Enforcement - Region Central), Corporation of Chennai, Regional Office - Central, No.1, Lake View Road, 4th Cross Street, Nungambakkam, Chennai 600 034.
6.
P.Elango, S/o.R.P.Mahalingam, Old No.728, New No.7/23, Leith Castle North Street, Foreshore Estate, Chennai 600 028.
... Respondents (R6 suo-motu impleaded as 6th Respondent by this Court in the above Writ Petition, vide order dated 27.11.2019) Writ Petition filed under Article 226 of the Constitution of India seeking to issue a writ of Mandamus, directing the
Respondents to consider the representation of the Petitioner, dated 27.08.2019 and take necessary enforcement action against the ongoing construction at Old Door No.728, New No.7/23, Leith Castle North Street, Foreshore Estate, Chennai 600 028 (Corporation property Tax Details : 09-126-02447-000) in accordance with law.
For Petitioner :
Mr.K.J.Parthasarathy For Respondents :
Dr.C.Ravichandran
O R D E R
(Order of the Court made by M.M.SUNDRESH,J.) The Petitioner seeks a direction to the Respondents herein to take necessary action against the ongoing unauthorized construction put up by one P.Elango, S/o.R.P.Mahalingam, at Old No.728, New No.7/23, Leith Castle North Street, Foreshore Estate, Chennai 600 028, by considering his representation dated 27.08.2019.
Though, the Petitioner has made the aforesaid representation to the Respondents herein, seeking necessary action on the unauthorized construction put up by the aforesaid person, such person has not been impleaded as a party Respondent in this Writ Petition.
3. Hence, we suo moto implead the aforesaid person viz. P.Elango, S/o.R.P.Mahalingam, Old No.728, New No.7/23, Leith Castle North Street, Foreshore Estate, Chennai 600 028, as 6th Respondent in this Writ Petition.
Considering the limited scope of the prayer sought in this Writ Petition, without going into the merits of the case, the 3rd Respondent is directed to take appropriate action on the Petitioner's representation dated 27.08.2019, within a period of four weeks from the date of receipt of a copy of this order, after giving opportunity of hearing to the Petitioner and the 6th Respondent herein.
The Writ Petition is disposed of with the above direction. No costs.
s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar
To:
1.
The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai 600 003.
The Regional Deputy Commissioner (Central), Greater Chennai Corporation, No.13B/36B, Pulla Avenue, 2nd Cross Street, Shenoy Nagar, Chennai - 600 030.
3.
The Executive Engineer (Enforcement-Region Central), Corporation of Chennai, Regional Office - Central, No.13B/36B, Pulla Avenue, 2nd Cross Street, Shenoy Nagar, Chennai - 600 030.
The Assistant Executive Engineer (Enforcement-Region Central), Corporation of Chennai, Regional Office - Central, No.13B/36B, Pulla Avenue, 2nd Cross Street, Shenoy Nagar, Chennai - 600 030.
5.
The Assistant Engineer (Zone - IX : Division 126), (Enforcement - Region Central), Corporation of Chennai, Regional Office - Central, No.1, Lake View Road, 4th Cross Street, Nungambakkam, Chennai 600 034.
+1 CC to Mr.C. Ravichandran, Advocate sr 98748 +3 Ccs to Mr.K.J.Parthasarathy, Advocate sr 99038. +1 CC to Govt. Pleader sr 99936.
W.P.No.33127 of 2019 SP(10/12/2019)