T.Bojarajan v. The Member Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.04.2017

CORAM

THE HON'BLE MS. INDIRA BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.SUNDAR W.P.No.9183 of 2017 T.Bojarajan .. Petitioner Vs.

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

2 The Executive Officer Nandivaram-Guduvacherry Town Panchayath Guduvancherry Kancheepuram District - 603 202.

3 Steps Stone Promoters Private Limited No.1/1, Sakthi Nagar II Street, Choolaimedu Chennai - 600 094.

.. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing respondents 1 and 2 herein to take appropriate action, including demolition of the unauthorized construction put up by the 3rd respondent at Plot No.19 Sriram Nagar Layout No.6, Nandivaram Village, Chengalpattu Taluk, Kancheepuram District within a stipulated time.

For Petitioner : Ms.R.Anitha For Respondents : Mr.M.K.Subramanian Government Pleader for 2nd respondent Mr.C.Johnson for 1st respondent

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) This writ petition has been filed by the petitioner seeking a writ of mandamus directing respondents 1 and 2 herein to take appropriate action, including demolition of the unauthorized construction put up by the 3rd respondent at Plot No.19 Sriram Nagar Layout No.6, Nandivaram Village, Chengalpattu Taluk, Kancheepuram District.

2. Mr.M.K.Subramanian, learned Government Pleader accepts notice for the second respondent and Mr.C.Johnson, learned Standing Counsel accepts notice for the first respondent.

3. Respondent No.3 is a private respondent, who is alleged to have put up the unauthorized construction at Plot No.19 Sriram Nagar Layout No.6, Nandivaram Village, Chengalpattu Taluk, Kancheepuram District.

4. Respondents 1 and 2 shall cause an inspection of the premises of the third respondent i.e., Plot No.19 Sriram Nagar Layout No.6, Nandivaram Village, Chengalpattu Taluk, Kancheepuram District, within a fortnight from the date of receipt of copy of this order and if the construction of third respondent is found to be in violation of the sanctioned plan or if it is unauthorized in any other manner, the official respondents 1 and 2 shall take action in accordance with law, after giving notice to all concerned, particularly the third respondent before us, and conclude the proceedings within a period of two months thereafter.

5. The writ petition, accordingly, stands disposed of. No costs. Consequently, W.M.P.No.10104 of 2017 is closed. -s/dAssistant Registrar(CSIII) True Copy Sub-Assistant Registrar sasi To:

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

2 The Executive Officer Nandivaram-Guduvacherry Town Panchayath Guduvancherry Kancheepuram District - 603 202.

+1 cc to Mr.C.Johnson Advocate sr 22964 +1 cc to Government Pleader High Court Madras sr 23098 W.P.No.9183 of 2017 sj(co) aa28/04/2017