Remanded

D.Ashwath v. The Commissioner

Madras HC22 Jun 2016WP/20892/2016

Case brief

AI extract

What is this about?

A petitioner filed a writ petition seeking a mandatory writ to remove an illegal construction by the third respondent adjoining his property. The Court granted a limited direction to the second respondent to adjudicate the petitioner's dated 01.06.2016 representation on merits after providing notice and an opportunity of hearing to the third respondent.

What did the court decide?

Direction to the second respondent to consider the petitioner's representation dated 01.06.2016 after issuing notice to the third respondent and hearing them, to be disposed of within eight weeks.

D.Ashwath Vs The Commissioner — Property and Title | Madras HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 22.06.2016

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CORAM

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THE HONOURABLE MR. JUSTICE N.KIRUBAKARAN

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W.P. No. 20892 of 2016
and
WMP. No. 17901 of 2016

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D.Ashwath ..Petitioner
Vs.
1. The Commissioner,
Greater Chennai Corporation,
Rippon Buildings,
Chennai 600 003.
2. The Regional Commissioner,
Corporation of Chennai,
Regional Office South
No.115, Dr.Muthulakshmi Salai,
Adyar,
Chennai 600 020.
3. M/s.Suvedaa Homes
Represented by its Managing Director
V.Dhandapani ..Respondents
Prayer: Petition under Article 226 of the Constitution of India
praying for issue of a Writ of Mandamus directing the
respondents 1 and 2 herein to remove the illegal construction
put up by the thrid respondent herein as prayed for in the
petitioner's representation dated 01.06.2016.

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ORDER

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It is contended by the learned counsel for the petitioner that without leaving immediate set-back space, the third respondent is making construction abutting and adjoining the

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https://hcservices.ecourts.gov.in/hcservices/

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petitioner's property. In this regard, the petitioner has given a complaint to respondents 1 and 2 on 01.06.2016 and it has not been disposed of. Therefore, the petitioner has come forward with the present writ petition.

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Heard Mr.Bhagavath Krishnan, learned counsel representing M/s.Srinath Sridevan, learned counsel for the petitioner and Mr.P.V.Selvakumar, learned counsel for the respondents 1 and 2.

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Considering the relief sought for herein, without going into the merits of the claim made by the petitioner, this Court directs the second respondent to look into the representation made by the petitioner dated 01.06.2016 on merits, as per law, after issuing notice to the third respondent and after hearing the third respondent. The petitioner's representation is directed to be disposed of within a period of eight weeks from the date of receipt of a copy of this order. Since only a direction is given, there is no necessity to issue notice to the third respondent. However, it is made clear that the second respondent shall not dispose of the petitioner's representation without issuing notice and without providing an opportunity of hearing to the third respondent.

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The writ petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petition is closed.

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Sd/Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar To 1. The Commissioner, Greater Chennai Corporation, Rippon Buildings, Chennai 600 003. 2. The Regional Commissioner, Corporation of Chennai, Regional Office South No.115, Dr.Muthulakshmi Salai, Adyar, Chennai 600 020. 1 cc to M/s.Srinath Sridevan, Advocate, 34839 W.P. No. 20892 of 2016 ala co, kra 13.07.2016

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https://hcservices.ecourts.gov.in/hcservices/

D.Ashwath v. The Commissioner

Case brief

What is this about?

What did the court decide?

D.Ashwath v. The Commissioner

Case brief

What is this about?

What did the court decide?

What the court decided

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