IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE:8.4.2011 CORAM THE HONOURABLE MR. JUSTICE R.SUDHAKAR WRIT PETITION NO.8942 OF 2011 AND M.P.NO.1 OF 2011 Udhagai Senguttuvan, S/o S.Palaniyandi, Secretary, M/s.Sree Ambal Houses Welfare Association, Registration No.95/2010, residing at Flat C, 1st Floor, "Sree Ambal Houses", Gem Nagar, Kancheepuram 631502. ... Petitioner Vs 1 THE DIRECTOR O/O.THE DIRECTOR OF TOWN AND COUNTRY PLANNING (DTCP) NO.807 ANNA SALAI CHENNAI-2. 2 THE DISTRICT COLLECTOR KANCHEEPURAM. 3 THE SUPERINTENDENT OF POLICE KANCHEEPURAM. 4 THE INSPECTOR OF POLICE B-3 KANCHEEPURAM POLICE STATION KANCHEEPURAM. 5 THE MEMBER SECRETARY LOCAL PLANNING AUTHORITY KANCHEEPURAM MUNICIPALITY KANCHEEPURAM. 6 THE EXECUTIVE OFFICER SEVELIMEDU PANCHAYAT SEVELIMEDU KANCHEEPURAM-2. https://hcservices.ecourts.gov.in/hcservices/ 7 S.SATHIYAN PARTNER OF M/S.VELAVA PROMOTERS NO.39/13 KATHIRVEL STREET IYYAPPA NAGAR SEVILIMEDU KANCHEEPURAM-631 502. 8 P.SENTHILNATHAN PARTNER OF M/S.VELAVA PROMOTERS FLAT-F GROUND FLOOR SREE AMBAL HOUSES, GEM NAGAR SEVILIMEDU KANCHEEPURAM-631 502. ... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, Directing the respondents 1 to 6 to keep the Drive Way and the apartment, namely, Sree Ambal Houses, Gem Nagar, Sevilimedu, Kancheepuram-2, as per the approved sanction plan vide proceedings in Na.Ka.No.22694/06, approval No.07/2007 dated 19.1.2007 by the 1st respondent, consequently, demolish the illegal/unauthorized construction thereon. For Petitioner : Mr.P.Srinivasan For Respondents 1 to 5 : Mr.S.Shivashanmugam, Government Advocate. O R D E R Writ Petition is filed praying to issue a Writ of Mandamus, directing the respondents 1 to 6 to keep the Drive Way and the apartment, namely, Sree Ambal Houses, Gem Nagar, Sevilimedu, Kancheepuram-2, as per the approved sanction plan vide proceedings in Na.Ka.No.22694/06, approval No.07/2007 dated 19.1.2007 by the 1st respondent, consequently, demolish the illegal/unauthorized construction thereon. 2. Mr.S.Shivashanmugam, learned Government Advocate, takes notice on behalf of the respondents 1 to 5. Notice to the respondents 6 to 8 is dispensed with, in view of the nature of order that is to be passed in this writ petition. By consent of both the parties, the writ petition is taken up for final disposal. 3. Without going into the merits of the case, the learned senior counsel appearing for the petitioner submits that a complaint/ representation dated 2.4.2011 has been given to the second respondent District Collector against the seventh respondent stating that the seventh respondent is obstructing the members of the petitioner's association from using the driveway, which he is not entitled to https://hcservices.ecourts.gov.in/hcservices/ under law. The grievance of the petitioner will be met if a direction is given to the second respondent District Collector to consider the said complaint/representation. 4. In view of the limited relief now sought for, the second respondent District Collector is directed to consider and disposed of the the said complaint/representation dated 2.4.2011 on its own merits and in accordance with law. If any action adverse to the respondents 7 and 8 is to be taken, they have to be duly noticed so as to avoid allegation of violation of principles of natural justice. If the District Collector finds that there is no complaint/representation on record, the petitioner is entitled to submit a fresh complaint/representation along with a copy of this order. On receipt of such complaint/representation, the second respondent District Collector is directed to deal with the matter expeditiously, preferably within a period of two weeks thereafter. 5. The Writ Petition is disposed of as above. No costs. Consequently, connected miscellaneous petition is closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar ts To 1 THE DIRECTOR O/O.THE DIRECTOR OF TOWN AND COUNTRY PLANNING (DTCP) NO.807 ANNA SALAI CHENNAI-2. 2 THE DISTRICT COLLECTOR KANCHEEPURAM. 3 THE SUPERINTENDENT OF POLICE KANCHEEPURAM. 4 THE INSPECTOR OF POLICE B-3 KANCHEEPURAM POLICE STATION KANCHEEPURAM. https://hcservices.ecourts.gov.in/hcservices/ 5 THE MEMBER SECRETARY LOCAL PLANNING AUTHORITY KANCHEEPURAM MUNICIPALITY KANCHEEPURAM. 6 THE EXECUTIVE OFFICER SEVELIMEDU PANCHAYAT SEVELIMEDU KANCHEEPURAM-2. 1 cc To Mr.P.Saravanan, Advocate, SR.25380. W.P.No.8942 of 2011 SA(CO) RVL 11.04.2011 https://hcservices.ecourts.gov.in/hcservices/