S.Revathi v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.01.2025 CORAM :

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN Writ Petition No.39642 of 2024 Mrs.S.Revathi ....

Petitioner -Vs1.The Commissioner Greater Chennai Corporation Ripon Building, Chennai-03.

2.The Regional Deputy Commissioner (south) Regional Office (South) Greater Chennai Corporation Door No.115, Dt.Muthulakshmi Salai Adyar, Chennai-600 020.

3.The Zonal Officer Zone No.14, Greater Chennai Corporation No.6/64, Puzhuthivakkam Main Road Chennai 600 091.

4.The Assistant Engineer Ward No.188 Greater Chennai Corporation Madippakkam Chennai 600 091.

... Respondents 1 / 5

Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to restore the compound wall in full along the subject plots, which was destroyed while constructing storm Water Drain in respect of the road adjacent to the subjects plots namely plot Nos.28, 29 and 30 comprised in survey No.136/32 and 136/9 situated at LIC Nagar, Second Main Road / 2nd Street, Madipakkam Chennai- 600 090 to its original position at their cost and expenses within a time period to be stipulated by this Honble court. For Petitioner : Mr.R.Bharath Kumar For Respondents : Mr.P.Prithvi Chopda Standing Counsel

O R D E R

The writ petition has been filed in the nature of a Mandamus seeking a direction against the respondents, most specifically against the 3rd and 4th respondents to restore a compound wall of the petitioner which was destroyed while constructing storm water drain in the road adjacent to Plot Nos.28, 29 and 30 in Survey No.136/32 and 136/9 at LIC Nagar, Second Main Road/2nd Street, Madippakkam, Chennai 600 090. The petitioner claims that while laying the storm water drain in the road, the wall of the aforesaid mentioned Plots had been damaged and therefore seeks restoration of the compound wall. 2 / 5

2.The learned Standing Counsel had taken notice for all four respondents and it is stated that an enquiry would be made with respect to the damage caused to compound wall and after examining all issues, necessary steps would be taken if the said damage had been caused only owing to the putting up of the storm water drain and not any other cause. While conducting such enquiry, the 3rd and 4th respondents may also inspect the premises in the presence of the petitioner herein and also examine the contractor who had put up the storm water drain and find out as a fact whether the compound wall was damaged at the time when the storm water drain was put up, and it is so, after arriving at subjective satisfaction take necessary remedial steps as is provided under law. The entire exercise must be completed within a period of eight weeks from the date of receipt of copy of this order.

3.The Writ Petition stands disposed of. No costs. 02.01.2025 Index : Yes/No NCS : Yes/No KP 3 / 5

C.V.KARTHIKEYAN.,J KP To 1.The Commissioner Greater Chennai Corporation Ripon Building, Chennai-03.

2.The Regional Deputy Commissioner (south) Regional Office (South) Greater Chennai Corporation Door No.115, Dt.Muthulakshmi Salai Adyar, Chennai-600 020.

3.The Zonal Officer Zone No.14, Greater Chennai Corporation No.6/64, Puzhuthivakkam Main Road Chennai 600 091.

4.The Assistant Engineer Ward No.188 Greater Chennai Corporation Madippakkam, Chennai 600 091.

Writ Petition No.39642 of 2024 4 / 5

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