Anuradha Subramanian v. The Commissioner Of Corporation
IN THE HIGH COURT OF JUDICIATURE AT MADRAS
DATED : 21.01.2020 CORAM :
THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE R.PONGIAPPAN W.P.No.33632 of 2019 and W.M.P.No.34103 of 2019 Anuradha Subramanian
...Petitioner
versus 1.The Commissioner of Corporation, Ribbon Building, Chennai.
2.The Assistant Engineer, Corporation of Chennai Zone VIII (Mandal 8), 36B, 2nd Cross Street, Pulla Ave, Shenoy Nagar, Chennai - 600 030.
3.Kailasanathan Natarajan
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 1st and 2nd respondents to take action on the complaint dated 09.11.2019 on the illegal construction made by the 3rd respondent at AI-107/A, 4th Street, Anna Nagar, Chennai - 600 040.
For Petitioner :M/s.Kanimozhi Mathi For Respondent Nos.1 & 2 :Mr.A.Nagarajan Standing Counsel for Corporation For Respondent No.3 :Mr.S.Sounthar
O R D E R
[Order of this Court was made by R.SUBBIAH,J.] The petitioner has come up with the present Writ Petition for a Mandamus, directing the respondents 1 and 2 to take action on the complaint dated 09.11.2019 about the illegal construction made by the third respondent at No.14 (107), AI Block, 4th Street, Anna Nagar, Chennai.
2. The case of the petitioner is that she is owning a residential house at No.14 (107), AI Block, 4th Street, Anna Nagar, Chennai. It is the contention of the petitioner that on the rear side of the house, the third respondent is constructing a house, without leaving a setback space i.e., without following
the setback rules. Further, the pillars of the construction are adjoining the boundary wall of the petitioner's house at four different places with absolutely no space in between them. In this regard, the petitioner has made several representations to the respondents 1 and 2 about the illegal construction made by the third respondent. Despite the same, the third respondent is continuing the construction and hence, the petitioner has lodged a complaint dated 09.11.2019 before the respondents 1 and 2 about the illegal construction made by the third respondent at No.14 (107), AI Block, 4th Street, Anna Nagar, Chennai. Since no action has been taken by the respondents 1 and 2, the petitioner is before this Court with the present Writ Petition.
3. Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents 1 and 2 / Corporation as well as the learned counsel appearing for the third respondent and perused the materials available on record.
4. Today, when the matter is taken up for consideration, the learned Standing Counsel appearing for the respondents 1 and 2 / Corporation submitted that the Zonal Officer [Zone-8], Corporation of Chennai, is the competent authority to consider the complaint of the petitioner.
5. In view of the above submission made by the learned Standing Counsel appearing for the respondents 1 and 2 / Corporation, the Zonal Officer [Zone-8], Corporation of Chennai, [working under the control of the first respondent], is directed to consider the complaint dated 09.11.2019 lodged by the petitioner and conduct an enquiry, by affording reasonable opportunity of personal hearing to the petitioner as well as the third respondent and thereafter, pass appropriate orders, on merits and in accordance with law, preferably within a period of six weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any opinion with regard to the merits of the claim of the petitioner and it is for the Zonal Officer [Zone-8], Corporation of Chennai, to decide the issue purely on merits and in accordance with law.
6. The Writ Petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petition is closed. -s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar
To 1.The Commissioner of Corporation, Ribbon Building, Chennai.
2.The Assistant Engineer, Corporation of Chennai Zone VIII (Mandal 8), 36B, 2nd Cross Street, Pulla Ave, Shenoy Nagar, Chennai - 600 030.
+1 CC to Mr.S.Sounthar, Advocate sr 4296.
+1 CC to Mr.R. Arunmozhi, Advocate sr 3810.
+1 CC to M/s. Kanimozhi, Advocate sr 3860.
W.P.No.33632 of 2019 and W.M.P.No.34103 of 2019 RSV(CO) SP(24/02/2020)