The petitioner sought mandamus for consideration of representations regarding unauthorized construction by a third party. The Court dismissed the petition for non-joinder of the necessary party, granting liberty to file a fresh petition with the third party impleaded.
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W.P.No.9000 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.04.2024
CORAM :
THE HONOURABLE MR. JUSTICE S.S. SUNDAR
AND
THE HONOURABLE MR. JUSTICE N. SENTHILKUMAR
W.P.No.9000 of 2024
Vijayalakshmi Sridharan ... Petitioner
Vs.
1.The Commissioner, Greater Chennai Corporation, Chennai – 600 003.
2.The Zonal Officer-13, Zone-13, Greater Chennai Corporation, Adyar, Chennai – 600 020.
Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to consider and dispose of the petitioner's both representations dated 24.01.2024 and
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W.P.No.9000 of 2024
05.03.2024 in accordance with law.
For Petitioner : Mr.G.V.Sridharan For Respondents : Mr.D.B.R.Prabhu Standing Counsel
O R D E R
(Order of the Court was made by S.S. SUNDAR, J. )
Though this writ petition is filed for issuance of a Writ of Mandamus
directing the respondents to consider the representation of the petitioners, dated 24.01.2024 and 05.03.2024, the grievance of the petitioner in the representations is that one individual, by name Gunaseelan, has put up unauthorised construction without planning permission. Strangely, the petitioner has not impleaded the person against whom she seeks relief. Hence, this writ petition is dismissed for non-joinder of necessary and proper parties. Liberty is given to the petitioner to file a fresh writ petition with similar or appropriate prayer, by impleading the person against whom she wants action to be taken. No costs.
(S.S.S.R., J.) (N.S., J.) 03.04.2024
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W.P.No.9000 of 2024
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Internet : Yes Index : Yes / No Neutral Citation : Yes / No
To
1.The Commissioner, Greater Chennai Corporation, Chennai – 600 003.
2.The Zonal Officer-13, Zone-13, Greater Chennai Corporation, Adyar, Chennai – 600 020.
3.The Assistant Engineer, Five Furlong Road, Chennai Corporation Office, Guindy, Chennai – 600 032.
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W.P.No.9000 of 2024
S.S. SUNDAR, J. and N. SENTHILKUMAR, J.
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W.P.No.9000 of 2024
03.04.2024
Page 4
1 issue framed by the court
Whether the writ petition for disposal of representations regarding unauthorized construction is maintainable without impleading the alleged violator?
1 provisions across 1 enactments
Vijayalakshmi Sridharan
The Commissioner, Greater Chennai Corporation, Chennai
The Zonal Officer-13, Zone-13, Greater Chennai Corporation, Adyar, Chennai
The Assistant Engineer, Five Furlong Road, Chennai Corporation Office, Guindy, Chennai
S.S. Sundar
N. Senthilkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
