IN THE HIGH COURT OF JUDICATURE AT MADRAS Date:9.3.2011 CORAM THE HONOURABLE MR. JUSTICE R.SUDHAKAR Writ Petition No.3243 of 2011 Syed Iqbal Ali ... Petitioner vs. 1.The Commissioner, Ambattur Municipality, Ambattur. 2.R.Rajesh ... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to remove the debris from the petitioner's premise bearing Plot No.1386, Golden Colony, Anna Nagar Western Extension, Chennai-600 050, forthwith at their cost and restore the petitioner's property to its original state. For Petitioner : Mr.Zaffarullah Khan For Respondents : Mr.I.Paranthaman, for R1. No appearance for R2. ----- O R D E R Writ Petition is filed praying to issue a Writ of Mandamus, directing the first respondent to remove the debris from the petitioner's premise bearing Plot No.1386, Golden Colony, Anna Nagar Western Extension, Chennai-600 050, forthwith at their cost and restore the petitioner's property to its original state. 2. Mr.I.Paranthaman, learned counsel, takes notice on behalf of the first respondent. None appears on behalf of the second respondent. By consent of both parties, the writ petition is taken up for disposal. https://hcservices.ecourts.gov.in/hcservices/ 3. Pursuant to the order of the first Bench of this Court on 3.10.2007 in W.P.No.29714 of 2007, the first respondent municipality demolished unauthorized structures. In the above Writ Petition the order was passed by the first Bench in a writ petition filed by the second respondent herein. 4. At present, the grievance of the neighbour petitioner is that consequent to the demolition of unauthorized structure, the debris is littered all around the place. As it is causing great inconvenience to the petitioner, who is an adjacent land owner, the present writ petition has been filed to direct the respondents to remove the debris from the petitioner's premises and restore the property to the original state. 5. Notice was issued to the respondents 1 and 2. The Town Planning Inspector, an authorized officer of the first respondent municipality is present in Court. No representation on behalf of the second respondent today. Petitioner has issued a letter to the first respondent municipality to remove the debris followed by a legal notice on 21.1.2010 which did not get any response from the first respondent. The second respondent has not chosen to remove the accumulated debris consequent the removal of the unauthorized structure. 6. In such view of the matter, since the action to demolish the unauthorized structure has been taken by the first respondent municipality based on the orders of the first Bench of this Court and in accordance with the provisions of the Town and Country Planning Act, the first respondent is directed to remove all the debris and restore the property of the petitioner to the original state forthwith. The first respondent will be entitled to recover any amount expended in this regard from the second respondent in accordance with the provisions of the Act. This Writ Petition is ordered as above. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar ts https://hcservices.ecourts.gov.in/hcservices/ To The Commissioner, Ambattur Municipality, Ambattur. +1cc to Mr.Zaffarullah Khan, Advocate Sr 16866 +1cc to Mr.I.Paranthamen Advocate Sr 17380 GR (CO) km/19.3. W.P.No.3243 of 2011 https://hcservices.ecourts.gov.in/hcservices/