M.Venkatesan v. The State of Tamil Nadu

ORDER This petition has been filed challenging the order dated 13.12.2018 passed by the 3rd respondent, seeking to quash the same and consequently direct the respondents to re-transfer the 22 streets from Ward No. 193, Thoraipakkam to Ward No. 192. Thoraipakkam.

2.The case of the petitioner is that he is a resident of Arignar Anna Nagar. Arignar Anna Nagar and 21 other streets were originally part of Ward No.192; however, pursuant to the process of delimitation, they were transferred to Ward Page2 of 6 No.193. Seeking the re-transfer of all the 22 streets, including Arignar Anna Nagar, to Ward No.192, the petitioner submitted a representation to the authorities. Since no order was passed on the said representation, the petitioner filed W.P No.3011 of 2014 before this Court. By order dated 28.08.2018, this Court directed the respondents to consider the petitioner's and pass appropriate orders. Pursuant thereto, the impugned dated 13.12.2018 came to be passed. Aggrieved by the said order, the petitioner has filed the present writ petition.

3.The learned Counsel appearing for the petitioner would submit that this Court, by its order dated 28.08.2018, permitted the petitioner to make a fresh representation, along with a report of the District Collector, to the Commissioner of Corporation. This Court also directed the Commissioner of Corporation to consider the petitioner's representation by taking note of the report of the District Collector dated 21.05.2013 and pass orders on merits and in accordance with law. However, instead of the order being passed by the 2nd respondent, namely, the Commissioner of Corporation, the 3rd respondent, namely, the Assistant Commissioner, Corporation of Chennai passed the impugned order rejecting the petitioner's request which is unsustainable in law. Accordingly, he prayed for appropriate orders.

4.The learned Standing Counsel appearing for the respondents 1, 4, and 6 would submit that a specific direction had been issued by this Court to the Page3 of 6 Commissioner of Corporation. However, instead of Commissioner, the Assistant Commissioner has passed the impugned order. Therefore, the said order is unsustainable in law. Hence, this Court may set aside the impugned order and remand back the matter to the 2nd respondent, with a direction to consider the same strictly in accordance with the order passed by this Court in W.P No.3011/2014.

5.In view of the above, the impugned order dated 13.12.2018 passed by the 3rd respondent is set aside and the matter is remanded back to the 2nd respondent. The 2nd respondent is directed to consider the petitioner's grievance in the light of the report of the District Collector dated 21.05.2013 and the order passed by this Court in W.P No.3011 of 2014 dated 28.08.2018, and pass appropriate orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

6.With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 01-06-2026 Index: Yes/No Speaking/Non-speaking order Uma Page4 of 6 To

¶1The Secretary Department of Municipal Administration and Water Supply, Fort St George, Chennai

¶2The Commissioner Corporation of Chennai Ripon Building, Chennai

¶3The Assistant Commissioner Corporation of Chennai Ripon Building, Chennai

¶4The District Collector Kanchipuram District, Chennai

¶5The Revenue Divisional Officer Tambaram Muncipality, Tambaram Chennai

¶6The Chairman Sholinganallur Zone 15, Sholinganallur, Chennai 119 Page5 of 6 WPoNo.o22581oofo2019 M.DHANDAPANI,oJ. Uma WPoNo.o22581oofo2019oand WMPoNo.22015oofo2019 01-06-2026 Page6oofo6

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01-06-2026 CORAM THE HON'BLE MR JUSTICE M.DHANDAPANI and WMP No.22015 of 2019 M.Venkatesan Son of Munuswamy Araingar Anna Nagar Neelangarai, Chennai 114 ..Petitioner(s) Vs 1. The State of Tamil Nadu Represented by its Secretary Department of Municipal Administration and Water Supply, Fort St George, Chennai 2. The Commissioner Corporation of Chennai Ripon Building, Chennai 3. The Assistant Commissioner Corporation of Chennai, Ripon Building, Chennai 4. The District Collector Kanchipuram District, Chennai 5. The Revenue Divisional Officer Tambaram Muncipality, Tambaram, Chennai Page1 of 6 6. The Chairman Sholinganallur Zone 15, Sholinganallur, Chennai 119 ..Respondent(s) Writ Petition filed under Article 226 of Constitution of India, to call for the records in Ma 15 Va Du/Na.Ka.No R1 / 4977 / 2018 on the file of the 3rd respondent dated 13.12.2018 and quash it and further direct the respondents to re-transfer the 22 streets from Ward No. 193, Thoraipakkam to Ward No. 192. Thoraipakkam. For Petitioner: Mr.Avinash Wadhwani For Respondent(s): Mr.P.Siddarth for R1, R4 & R6 Government Counsel Mr.A.Arunbabu for R2 & R3