S.Venkataramanan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.01.2024 CORAM :

THE HON'BLE MR. JUSTICE S.S.SUNDAR AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR S.Venkataramanan ..

Petitioner v.

The Commissioner Tambaram Corporation Tambaram ..

Respondent Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondent to consider and pass orders on the representation dated 07.11.2023 seeking rectification in regard to safety measures of the semi-constructed building situate at No.10, North Kulakarai Street, Thiruneermalai, Chennai-44, on merits and as per law.

For Petitioner ::

Ms.N.R.Jasmine Padma For Respondent ::

Mr.P.Srinivas Standing Counsel

ORDER

(Order of the Court was made by S.S.SUNDAR,J.) This writ petition is filed for issuance of a mandamus directing the respondent to consider and pass orders on the petitioner's representation dated 07.11.2023 seeking rectification in regard to safety measures of the semi-constructed building situate at No.10, North Kulakarai Street, Thiruneermalai, Chennai-44, on merits and as per law.

2. Though the learned standing counsel appearing for the respondent has no objection for allowing the prayer, states that the application may not be considered in the light of the fact that the petitioner has not stopped the construction despite an order is passed under Sections 56 & 57 of the Tamil Nadu Town and Country Planning Act.

3. In the affidavit filed in support of the writ petition, the petitioner has categorically stated that he will not object for the locking and sealing of the premises. However, his grievance is that some miscreants and anti-social elements are trying to use the building for illegal purposes and that therefore

the petitioner should be permitted to put up windows and doors to prevent the entry by third parties.

4. Considering the limited scope of the prayer that is now sought before this Court, without going into the merits of the petitioner's contentions in the writ petition as well as in the representation, the respondent is directed to consider the representation of the petitioner dated 07.11.2023 in accordance with law and to communicate the decision taken on the representation of the petitioner, within a period of twelve weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs.

Index : yes/no (S.S.S.R.,J.) (N.S.,J.) 24.01.2024 ss To

1. The Commissioner Tambaram Corporation Tambaram

S.S.SUNDAR,J.

AND N.SENTHILKUMAR,J.

ss 24.01.2024