M/S.Lason India Pvt.Ltd v. Corporation Of Chennai

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.12.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.SUNDAR W.P. No.10622 of 2011 and M.P.No.1 of 2011 M/s.Lason India Pvt. Ltd.

Rep. By its DGM-Legal, A.D.Venkatesh.

.. Petitioner -vs1.Corporation of Chennai Zonal Office-IX Chennai - 600 015, Rep. By its Executive Engineer - II/Zone-IX.

2.Chennai Metropolitan Development Authority, Rep. By its Member Secretary, Thalamuthu Natarajan Maligai, No.1, Gandhi-Irwin Road, Egmore, Chennai - 600 008.

(R-2 suo motu impleaded as per order dated 07.12.2016 in WP.) .. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorari to call for the entire records relating to the impugned notice no.Z.O IX/C.No./D9/01/2011 dated 05.04.2011 issued by the respondent and quash the same.

For Petitioner :

MR.K.Subhashini for M/s. Chennai Law Asso.

For Respondents :

Mr.R.Arunmozhi for R-1 :

Mr.C.Johnson for R-2

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) It is the case of the petitioner that Madras Metropolitan Development Authority / MMDA (now Chennai Metropolitan Development Authority / CMDA) sanctioned the plan and that they are willing to produce the sanction plan before the CMDA for verification.

2.The Chennai Metropolitan Development Authority through its Member Secretary, Thalamuthu Natarajan Maligai, No.1, GandhiIrwin Road, Egmore, Chennai-8, is impleaded as the second respondent and memo of parties be amended accordingly. Mr.C.Johnson, learned counsel, accepts notice for the second respondent / CMDA.

3.Let the petitioner produce the sanction plan before the CMDA within fifteen (15) days from today and an inspection be caused to be made by the CMDA within one (1) month from today to verify whether there are any unauthorized construction or user. If it is found so, action in accordance with law be taken, after notice to all concerned and the proceedings concluded within two

(2) months thereafter.

4.Writ petition, accordingly, stands disposed of. No costs. Consequently, M.P.No.1 of 2011 stands closed. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar sra

To 1.The Executive Engineer - II/Zone-IX, Corporation of Chennai Zonal Office-IX, Chennai - 600 015.

2.The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajan Maligai, No.1, Gandhi-Irwin Road, Egmore, Chennai - 600 008.

+1cc to Mr.C. Johnson, Advocate, S.R.No.72361 +1cc to Mrs.R. Arunmozhi, Advocate, S.R.No.72178 +1cc to M/s. Chennai Law Asso., S.R.No.72129 RK(CO) EU 23.12.16 W.P.No.10622 of 2011