Vijaya Mookim, v. The Secretary Housing & Urban

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.11.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P. No.26275 of 2016 Vijaya Mookim .. Petitioner -vs1.The Secretary Housing and Urban Development Department, Secretariat, Chennai 600 009.

2.The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajan Building, No.1, Gandhi Irwin Road, Egmore, Chennai.

3.The Commissioner, Corporation of Chennai, Ripon Building, Chennai.

4.The Inspector of Police, K-4 Police Station, Anna Nagar, Chennai.

5.Syed Hussain 6.Lawrence Mayo Rep. By its Manager, Karunagaran.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the 2nd and 3rd respondent herein to demolish the platform and the stair case put up by the 5th and 6th respondent herein in the car parking area as per the approved plan issued by the 2nd and 3rd respondents herein in view of the order passed by the 1st respondent in his proceedings Letter No.4672/UD-VI(1)/2016-3, dated 01.07.2016.

For Petitioner :

Mr.R.C.Paul Kanagaraj For Respondents :

Mr.R.Vijayakumar Addl.G.P. for RR 1 and 4 :

Mr.K.Raja Srinivas for R-2 :

Mr.A.Nagarajan for R-3 :

Mr.R.D.Santhana Krishnan for R-6

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) The sixth respondent faced with the order dated 01.07.2016 requiring the stair case to be demolished has filed a regularisation plan on 23.08.2016. Learned counsel for the second respondent states that a decision on the regularisation plan will be taken within a maximum period of three (3) weeks from today.

2.We may note that para 7 of the order dated 01.07.2016 is more in the nature of unsolicited advice rather than any direction which can be made.

3.We make it clear that if the regularisation is not permitted, the Corporation will take action in accordance with law within a maximum period of one (1) month of the said decision, subject to any further challenge as may be available to the sixth respondent.

4.Writ petition, accordingly, stands disposed of. No costs. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar sra To 1.The Secretary Housing and Urban Development Department, Secretariat, Chennai 600 009.

2.The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajan Building, No.1, Gandhi Irwin Road, Egmore, Chennai.

3.The Commissioner, Corporation of Chennai, Ripon Building, Chennai.

4.The Inspector of Police, K-4 Police Station, Anna Nagar, Chennai.

+1cc to Mr.R.C.Paul Kanagaraj, Advocate, S.R.No.65157 +1cc to Mr.K. Rajashrinivas, Advocate, S.R.No.65806 +1cc toM/s.A.Nagarajan, Advocate Sr.No.64433 +1cc to Mr. R.D. Santhanakrishnan, Advocate Sr.No.64263 +1cc to the Government Pleader, S.R.No.64616 SM(CO) md(21/11/2016) W.P.No.26275 of 2016