M.Javid Tamiz v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.09.2023

CORAM

THE HONOURABLE Mrs. JUSTICE J.NISHA BANU AND THE HONOURABLE Mrs.JUSTICE N.MALA W.P.No.34648 of 2019 M.Javid Tamiz S/o Late Mosal Kalim .... Petitioner vs

1. The Commissioner, Corporation of Chennai, Rippon Building, Park Town, Chennai - 600 003.

2. The Executive Engineer, Zone-5, Sowcarpet, Chennai - 600 079.

3. Jaffer Khan S/o Rahimuddin Khan

...Respondents

Prayer:

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to enforce the undertaking given by the respondent Nos.1 and 2 in the earlier W.P.No.16356/2018 dated 30.01.2019 Page 1/4

by removing the unauthorized construction made in Plot No.7, Door No.7, Meera Labbai Street, Mannadi, George Town, Chennai - 1 with the Survey No.2735/5456 in George town Village forthwith. For Petitioner : Mr.V.Manohar For Respondents : Mr.E.C.Ramesh, Standing Counsel for Corporation/R1 & R2 Mr.S.Udayakumar for R3

ORDER

(Order of the Court was made by J.NISHA BANU, J.,) This Writ Petition has been filed to issue a Writ of Mandamus to enforce the undertaking given by the respondent Nos.1 and 2 in the earlier W.P.No.16356/2018 dated 30.01.2019 by removing the unauthorized construction made in Plot No.7, Door No.7, Meera Labbai Street, Mannadi, George Town, Chennai - 1 with the Survey No.2735/5456 in George Town Village forthwith.

2. When the matter is taken up for hearing, the learned counsel appearing for the 3rd respondent/tenant would state that the 3rd respondent/tenant had already vacated the premises. Photographs have also been produced before this Court which shows that the building(both ground Page 2/4

floor and the first floor) is under lock and seal.

3. Recording the above submission, the respondents 1 and 2 are directed to take further enforcement action in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. Accordingly, the Writ Petition stands closed. No costs. (J.N.B., J.) (N.M., J.) 22.09.2023 vsi Index : Yes / No Internet : Yes / No To

1. The Commissioner, Corporation of Chennai, Rippon Building, Park Town, Chennai - 600 003.

2. The Executive Engineer, Zone-5, Sowcarpet, Chennai - 600 079.

Page 3/4

J. NISHA BANU, J.

and N.MALA, J.

vsi 22.09.2023 Page 4/4