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K.Amina vs The Member Secretary

Madras High Court|07 June, 2017

JUDGMENT / ORDER

(Order of the Court was made by M.Sundar, J.) This writ petition has been filed with a prayer to issue a mandamus to direct respondents 1 and 2 to dispose of a representation dated 27.04.2017 given by the petitioner pertaining to alleged unauthorized construction made by the third respondent.
2.Though there is another limb of prayer wherein a direction to the authorities to demolish the alleged unauthorized construction has been made, at the hearing, Mr.Bharathy, learned counsel for the petitioner, abridges / restricts the prayer and submits that it would suffice if a direction is given to respondents 1 and 2 to dispose of the petitioner's representation dated 27.04.2017 within a time frame.
3.Mr.C.Johnson and Mr.V.C.Selvasekaran, learned counsel, are present on behalf of the first respondent / CMDA and second respondent / Chennai Corporation respectively.
4.Considering the innocuous nature of the prayer, we direct the first respondent / CMDA to dispose of the representation of the petitioner dated 27.04.2017 (found at page 6 of the typed set of papers), after putting on notice all concerned, particularly respondent no.3 (private respondent), who is the alleged encroacher / encroacher according to the petitioner, in accordance with law as expeditiously as possible and in any event, within six (6) weeks from the date of receipt of a copy of this order.
5.Though obvious, for the purpose of abundant clarity and removal of doubts, we make it clear that owing to the prayer being abridged, the authorities concerned will not be precluded from taking enforcement action such as demolition, depending on the outcome of the disposal of the representation.
6.Writ petition is, accordingly, disposed of. No costs. Consequently, W.M.P.No.13046 of 2017 is closed.
(I.B., CJ.) (M.S., J.) 07.06.2017 Index : Yes/No Website : Yes/No sra The Hon'ble Chief Justice and M.Sundar, J.
(sra) To
1.The Member Secretary, Chennai Metropolitan Development Authority, 1, Gandhi Irwin Road, Egmore, Chennai 600 008.
2.The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai 600 003.
W.P.No.12265 of 2017 07.06.2017 http://www.judis.nic.in
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Title

K.Amina vs The Member Secretary

Court

Madras High Court

JudgmentDate
07 June, 2017