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RADHA PANDIAN versus COMMISSIONER

High Court of Madras

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Radha Pandian v. Commissioner - Writ Petition No.6087 of 2007 [2007] RD-TN 1408 (11 April 2007)

IN THE HIGH COURT OF JUDICATURE AT MADRAS



Dated: 11.04.2007

Coram

The Honourable Mr. Justice P.SATHASIVAM

and

The Honourable Mr. Justice S.TAMILVANAN

Writ Petition No.6087 of 2007

and

M.P. Nos.1 & 2 of 2007

Radha Pandian

rep. by Power Agent A.Srinivasan

No.30, Venkatachalla Mudali Street,

Park Town,

Chennaiv 600 003. ..Petitioner Vs

1. The Commissioner,

Corporation of Chennai,

Rippon Buildings,

Chennai 600 003.

2. The Assistant Executive Engineer,

Corporation of Chennai Zone VII,

Corporation Indoor Stadium,

Lake Area,

Nungambakkam,

Chennai 600 034.

3. E.Ramachandran ..Respondents Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus to direct the respondents 1 and 2 to take immediate action against the unauthorised and illegal construction put up by the third respondent at No.28, ROB Main Street, Halls Garden, Royapettah, Chennai-600 014, comprised in R.S.No.344/B1 in accordance with law based on the petitioner's representation dated 28.12.2006. For Petitioner : Mr.N.Chandra Raj For Respondents 1 & 2 : Mr.G.T.Subramanian For 3rd respondent : Mr.T.Karthik Srinath ORDER



(Order of the Court was delivered by P. SATHASIVAM, J.) The petitioner has approached this Court to issue a Writ of Mandamus directing respondents 1 and 2 to take action against the unauthorised and illegal construction put up by the third respondent at No.28, ROB Main Street, Halls Garden, Royapettah, Chennai-600 014, comprised in R.S.No.344/B1 in accordance with law based on the petitioner's representation dated 28.12.2006.

2. Pursuant to the direction of this Court, respondents 1 and 2 filed two reports dated 10.04.2007 and 11.04.2007. The third respondent has also filed a counter affidavit dated 09.04.2007.

3. On going through the averments in the affidavit filed in support of the above writ petition, reports of Respondents 1 and 2 and counter affidavit of the third respondent, we are of the view that the issue raised in this writ petition cannot be gone into by this Court while exercising jurisdiction under Article 226 of the Constitution of India. On this ground, without expressing anything on merits of the claim of all the parties, we dismiss the writ petition with a liberty to the parties concerned to approach the appropriate Forum to vindicate their grievances, if they so interested. No costs. Consequently, M.P.Nos.1 and 2 of 2007 are also dismissed. raa To

1. The Commissioner,

Corporation of Chennai,

Rippon Buildings,

Chennai 600 003.

2. The Assistant Executive Engineer,

Corporation of Chennai Zone VII,

Corporation Indoor Stadium,

Lake Area,

Nungambakkam,

Chennai 600 034.

[PRV/10212]


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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