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J.Udhayakumar v. The Commissioner

Madras HC28 Apr 2023WP/13070/2023

Case brief

AI extract

What is this about?

High Court directed Fourth Respondent (Assistant Engineer) to consider Petitioner's representation regarding illegal construction by Fifth Respondent, issue notice, afford opportunity, and decide within eight weeks under TN T&C Planning Act.

What did the court decide?

Direction to Fourth Respondent to consider representation, issue notice to Fifth Respondent, afford opportunity of being heard, and take final decision within 8 weeks.

J.Udhayakumar Vs The Commissioner — Landlord and Tenant | Madras HC (2023)

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Writ Petition No.13070 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 28.04.2023

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CORAM

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THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

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Writ Petition No.13070 of 2023

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J.Udhayakumar S/o.late K.Janakiraman

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... Petitioner

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Vs.

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1.The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai - 600 003.

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2.The Executive Engineer Zone-08 Greater Chennai Corporation, No.368/12B Pulla Avenue Road, Shenoy Nagar, Chennai - 600 030.

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3.The Assistant Executive Engineer, Zone-08 Greater Chennai Corporation, No.368/12B Pulla Avenue Road, Shenoy Nagar, Chennai - 600 030.

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4.The Assistant Engineer, Greater Chennai Corporation, Division 101 (Old No.102) Zone-08, Shenoy Nagar, Chennai - 600 030.

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5.V.Adhavan S/o.Veeramani

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... Respondents

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https://www.mhc.tn.gov.in/judis

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Writ Petition No.13070 of 2023

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Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 4 to dispose of petitioner's representation dated 28.03.2023 by initiating appropriate legal action as against the fifth respondent in accordance with Sections 56, 57 r/w 85 of the Tamil Nadu Town and Country Planning Act, 1971 (as amended by Act 61 of 2018) within the time limit to the fixed by this Court.

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For Petitioner : Mr.S.Anandakumar For Respondents : Mr.E.C.Ramesh Standing Counsel [R1 to R4] *****

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O R D E R

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This writ petition has been filed for issuance of a writ of

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mandamus directing the Chennai Corporation to consider the representation made by the petitioner on 28.03.2023 wherein the petitioner has complained that the fifth respondent has put up a illegal construction and the same was brought to the notice of the Chennai Corporation and in spite of the same, no action was taken.

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Heard Mr.S.Anandakumar, learned counsel for petitioner

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and Mr.E.C.Ramesh, learned Standing Counsel for respondents 1 to 4.

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https://www.mhc.tn.gov.in/judis

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Writ Petition No.13070 of 2023

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Taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, without going into the merits of the case, there shall be a direction to the fourth respondent to consider the representation made by the petitioner on 28.03.2023 and deal with the same on its own merits and in accordance with law after issuing notice to the fifth respondent and after affording an opportunity to the fifth respondent and a final decision shall be taken within a period of eight (8) weeks from the date of receipt of a copy of this order.

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This Writ Petition is disposed of with the above direction. No

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costs.

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28.04.2023

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Neutral Citation: Yes/No Index: yes/no Speaking Order/Non-Speaking Order gm To

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1.The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai - 600 003.

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https://www.mhc.tn.gov.in/judis

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Writ Petition No.13070 of 2023

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N.ANAND VENKATESH, J

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2.The Executive Engineer Zone-08 Greater Chennai Corporation, No.368/12B Pulla Avenue Road, Shenoy Nagar, Chennai - 600 030.

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3.The Assistant Executive Engineer, Zone-08 Greater Chennai Corporation, No.368/12B Pulla Avenue Road, Shenoy Nagar, Chennai - 600 030.

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4.The Assistant Engineer, Greater Chennai Corporation, Division 101 (Old No.102) Zone-08, Shenoy Nagar, Chennai - 600 030.

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Writ Petition No.13070 of 2023

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28.04.2023

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https://www.mhc.tn.gov.in/judis

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J.Udhayakumar v. The Commissioner

Case brief

What is this about?

What did the court decide?

J.Udhayakumar v. The Commissioner

Case brief

What is this about?

What did the court decide?

What the court decided

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