LAWS(MAD)-2006-12-113

R PADMAVATHY Vs. COMMISSIONER

Decided On December 11, 2006
R. PADMAVATHY Appellant
V/S
COMMISSIONER Respondents

JUDGEMENT

(1.) THE petitioner has approached this Court to issue a writ of Mandamus directing respondents 1 and 2, the Commissioner, Corporation of Chennai, and the Zonal Officer, Zone No.IV, Anderson Road, Ayanavaram, Chennai-23, to take action in respect of the illegal and unauthorised construction being put up by respondents 3 and 4 and in respect of the attempt to put up construction by respondents 5 and 6 in respect of the property bearing plot No.91, Mohamed Hussain Colony, Kolathur Village, Chennai.

(2.) CONSIDERING the relief prayed for, we ordered notice to respondents including respondents 3 to 6. Though notice was duly served on respondents 3 to 6 through Court as well as privately, they refused to receive the same. The learned counsel for the petitioner has also filed an affidavit of service to that effect. Even the notices sent through Court to the respondents were returned with an endorsement "refused". In view of the same, we directed the Registry to show their names in the cause list. Accordingly, all the names were printed in the cause list. In spite of affording sufficient opportunity, respondents 3 to 6 have not chosen to contest the above writ petition by appearing either in person or by engaging a counsel.

(3.) THE above statement in paragraph 5 of the counter affidavit is hereby recorded and respondents 1 and 2 are directed to proceed against respondents 3 and 4 as assured and in accordance with law.