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2011 DIGILAW 1938 (MAD)

Asaithambi v. Commissioner, Corporation of Chennai

2011-04-06

R.SUDHAKAR

body2011
Judgment :- 1. Writ Petition is filed praying to issue a Writ of Mandamus, directing the respondents 1 to 3 to dispose the petitioner's complaint dated 26.11.2010 as early as possible. 2. Mr.V.Bharathidasan, learned counsel, takes notice on behalf of the respondents 1 to 3. Considering the nature of order that is to be passed in this writ petition, the notice to the fourth respondent is dispensed with. By consent of both parties, the writ petition is taken up for disposal. 3. Petitioner is residing at No.35/15, the first floor, Narayana Chetty Street, Madaveli, Chennai-600 028, and the fourth respondent is residing in the ground floor of the same building. A complaint dated 26.11.2010 has been given to the respondents 1 to 3 alleging certain irregularities against the fourth respondent. A copy of the complaint has been marked to the Chief Minister Cell and suitable action has been taken by the second respondent Health Officer, Corporation of Chennai. The action taken by the second respondent has been intimated to the petitioner in proceedings dated 28.1.2011 which is found in page No.2 of the typedset of papers, in that it is stated that action has been taken against the fourth respondent in terms of Section 44 of the Tamil Nadu Public Health Act and Section 379A of the City Municipal Corporation Act. 4. Based on the complaint of the petitioner, some action has been taken against the fourth respondent. The writ petition filed as against the fourth respondent is premature. Considering the fact that the election process has already started and the officials of the respondents corporation may be busy with the said work, it may not be necessary to issue further orders now. However, it is made clear that the authority should pursue the matter in accordance with law. 5. If any adverse action is proposed against the fourth respondent, the respondents 1 to 3 should give proper notice to the fourth respondent so as to avoid allegation of violation of principles of natural justice. Such exercise shall be made within a reasonable period of time. 6. The Writ Petition is disposed of as above. No costs.