Dr. Geetha Devadas v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.01.2024

CORAM:

THE HONOURABLE MR. JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR. JUSTICE R.SAKTHIVEL AND WMP NO.366 OF 2024 Dr.Geetha Devadas ...

Petitioner Vs.

1.The Commissioner The Greater Chennai Corporation Rippon Building, Chennai - 600 003.

2.The Regional Deputy Commissioner (Central) 3.The Executive Engineer Enforcement Region - Central 1/6

4.The Assistant Executive Engineer Division - 103, 5.The Assistant Engineer Ward - 103, Corporation of Chennai, Chennai - 600 040.

6.The Vigilance Officer Vigilance Cell, 7.The Member Secretary Chennai Metropolitan Development Authority No.1, Gandhi Irwin Road, Chennai - 600 008.

8.V.Vyas ...

Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for Writ of Mandamus, directing the respondents 1 to 2 to take immediate action to demolish the unauthorized construction put up by the 8 th respondent in Plot No.4575 B, Door No.Y225, 6 th Main Road, Anna Nagar, Chennai - 600 040, by considering the petitioner's representation dated 16.12.2023.

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For Petitioner :

Mr.S.Saravanan For Respondents 1-6:

Mr.D.B.R.Prabhu Standing Counsel for Greater Chennai Corporation For Respondent-7 :

Mr.Y.Bhuvanesh Kumar Standing Counsel for CMDA

O R D E R

(Order of the Court was made by R.SUBRAMANIAN, J.) The petitioner, by her representation dated 16.12.2023, required the Greater Chennai Corporation to remove the unauthorized construction. The Greater Chennai Corporation, in turn, has issued a notice to the developer / builder of the alleged unauthorized construction on 28.12.2023. The said notice itself gives 15 days time to the developer / builder to produce the documents. At this stage, the petitioner has rushed to this Court with the prayer for Mandamus.

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Considering the fact that the action is already underway, we see no reason to entertain the prayer for mandamus and accordingly, the writ petition is dismissed. This will not, however, preclude the Corporation from proceeding further with the enquiry, which had already been initiated. No costs. Consequently, connected miscellaneous petition is closed. [R.S.M., J.] [R.S.V., J.] 08.01.2024 Index : No Internet : Yes : No Speaking Order TK To 1.The Commissioner The Greater Chennai Corporation 2.The Regional Deputy Commissioner (Central) 4/6

3.The Executive Engineer Enforcement Region - Central 4.The Assistant Executive Engineer Division - 103, 5.The Assistant Engineer Ward - 103, Corporation of Chennai, Chennai - 600 040.

6.The Vigilance Officer Vigilance Cell, 7.The Member Secretary Chennai Metropolitan Development Authority No.1, Gandhi Irwin Road, Chennai - 600 008.

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R.SUBRAMANIAN, J.

AND R.SAKTHIVEL, J.

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