Madras High CourtWP/25604/2018disposed of

D. Kamalakannan v. The Commissioner Corporation

2018-10-03Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.10.2018

CORAM

THE HONOURABLE MR. JUSTICE R.MAHADEVAN W.P.No.25604 of 2018 D.Kamalakannan .. Petitioner Vs

1. The Commissioner Corporation of Greater Chennai Assistant, Rippon Building, Chennai - 4.

2. The Member Secretary, CMDA TMN Maligai, Egmore, Chennai 9.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the respondents 1 & 2 to consider the petitioner's representation dated 21.08.2018 and consequently direct the respondents to cancel the planning permits and building plan approval already issued by the respondents and reject the fresh applications being received from the unauthorised persons occupying the petitioner land and who is seeking for planning permit and building plan approval in the petitioner land admeasuring an extent of 2.54 acres comprised in Survey Nos.340/2 and 340/2A & Sub Divisions of Survey Nos:340/2 and 340/2A Velachery Chennai District Vijay Nagar 2nd, 3rd & 4th Street within limit of CMDA.

For Petitioner : Ms.A.V.Bharathi For Respondents : Mr.S.Saravanan for R1 Corporation

ORDER

By consent of both parties, the writ petition is taken up for final disposal at the admission stage itself. 2.The petitioner has come up with this writ petition seeking a direction to the respondents to consider his representation dated 21.08.2018 and to cancel the planning https://hcservices.ecourts.gov.in/hcservices/

permits and building plan approval already issued by the respondents and for consequential relief.

3.According to the learned counsel for the petitioner, the petitioner has submitted a representation dated 21.08.2018 claiming the same relief as prayed in this writ petition, but, the same is yet to be disposed of by the respondents. Hence, the petitioner is before this Court. 4.Mr.S.Saravanan, learned Standing Counsel taking notice for the respondents, submitted that the respondents be directed to consider the petitioner's representation and pass orders in accordance with law.

5.Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court directs the respondents to consider the petitioner's representation dated 21.08.2018 and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of hearing to the petitioner as well as any of the interested parties, within a period of six weeks from the date of receipt of a copy of this order.

6.Accordingly, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS v) //True Copy// Sub Assistant Registrar vga To

1. The Commissioner Corporation of Greater Chennai Assistant, Rippon Building Chennai - 4

2. The Member Secretary CMDA TMN Maligai, Egmore, Chennai 9 +1cc toMs.A.V.Bharathi , Advocate SR.No. 68045 +1cc to Mr.S.Saravanan , Advocate SR.No. 62886 W.P.No.25604 of 2018 ASK(30/10/2018) https://hcservices.ecourts.gov.in/hcservices/