Madras High Court
M.Arunachala Kumar vs The Commissioner on 17 March, 2021
Bench: Sanjib Banerjee, Senthilkumar Ramamoorthy
W.P.No.6744 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.03.2021
CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P.No.6744 of 2021
and
WMP.No.7301 of 2021
M.Arunachala Kumar ... petitioner
Vs.
1.The Commissioner
Greater Chennai Corporation.
Ribbon Palace,
Poonamallee High Road,
Chennai – 600 003.
2.The Assistant Commissioner
No.115, LB Road, Dr.Muthulakshmi Salai,
Adyar, Chennai – 600 020.
3.The Zonal Officer (Zone – VI)
Greater Chennai Corporation,
Chennai.
4.G.Subramani ... respondents
Prayer: Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus directing the respondents 1 to 3
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W.P.No.6744 of 2021
herein to consider the representations dated 28.01.2020 and
09.03.2020 and to take action as against the illegal construction of the
4th Respondent at No.123/1, Draupathiamman First Cross Street,
Velachery, Chennai 600 042.
For Petitioner : Mr.K.Chandrasekaran
For Respondents : Mrs.Karthika Ashok
Standing Counsel for R1 to R3
ORDER
(made by SENTHILKUMAR RAMAMOORTHY, J.) The writ petitioner, who is a resident of Velachery, complains of the alleged illegal construction of a building by the fourth respondent herein without the requisite building permit from the Chennai Corporation.
2. The writ petitioner states that two representations were issued on 28.01.2020 and 09.03.2020 but the Greater Chennai Corporation has failed to take action thereon.
3. Mrs.Karthika Ashok, learned standing counsel for the Greater Chennai Corporation, accepts notice on behalf of respondents 1 to 3. __________ Page 2 of 5 https://www.mhc.tn.gov.in/judis/ W.P.No.6744 of 2021 She states that the representations would be considered and disposed of by a reasoned order within a reasonable time limit.
4. Consequently, without examining the merits or tenability of the representations dated 28.01.2020 and 09.03.2020, respondents 1 to 3 are directed to consider such representations and dispose of the same by a reasoned order after providing a reasonable opportunity to all parties affected thereby, including the fourth respondent herein. In view of the fact that the merits of the matter have not been examined and because the official respondents have been directed to hear the fourth respondent before taking action, the writ petition is being disposed of without notice to the fourth respondent. The aforementioned reasoned order shall be issued within a period of eight weeks from the date of receipt of a copy of this order.
5. W.P.No.6744 of 2021 is disposed on the above terms. Consequently, W.M.P.No.7301 of 2021 is closed. There will be no order as to costs.
(S.B., CJ.) (S.K.R., J.)
17.03.2021
Index : No
tar/rrg
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https://www.mhc.tn.gov.in/judis/ W.P.No.6744 of 2021 To:
1.The Commissioner Greater Chennai Corporation.
Ribbon Palace, Poonamallee High Road, Chennai – 600 003.
2.The Assistant Commissioner No.115, LB Road, Dr.Muthulakshmi Salai, Adyar, Chennai – 600 020.
3.The Zonal Officer (Zone – VI) Greater Chennai Corporation, Chennai.
__________ Page 4 of 5 https://www.mhc.tn.gov.in/judis/ W.P.No.6744 of 2021 THE HON'BLE CHIEF JUSTICE AND SENTHILKUMAR RAMAMOORTHY, J.
(tar/rrg) W.P.No.6744 of 2021 17.03.2021 __________ Page 5 of 5 https://www.mhc.tn.gov.in/judis/