G.Srinivasan, Be(Elecl)., Llb, v. Member Secretary,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.03.2025 CORAM :

THE HONOURABLE Mr.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN in WP.No.1079 of 2024 G.Srinivasan ... Petitioner Vs.

1. Member Secretary, Chennai Metropolitan Authority, Thazha Muthu Natarajan Building, Egmore, Chennai.

2. Mr.M.S.Ramesh ... Respondents Prayer: Review Petition filed under Order XLVII Rule 1 of CPC r/w Section 114 of CPC, praying to review the order dated 12.12.2024 passed by this Hon'ble Court in Writ Petition WP (Civil) No.1079 of 2024 and consequently direct the initiation of the appropriate contempt and prosecution proceedings against the respondent-2 by the respondent-1.

For Petitioner : Mr.G.Srinivasan Party-in-Person ******

O R D E R

(Order of the Court was made by Hon'ble Mr.Justice R.SUBRAMANIAN) We see no merits in the Review Petition. All that we have said in the writ petition is, to direct the Chennai Metropolitan Development Authority to remove the violated constructions in the building concerned. Mr.G.Srinivasan, appearing party-in-person would submit that the Hon'ble Supreme Court, by its order made in Writ Petition (Civil) No.295 of 2022 dated 13.11.2024 held that only such construction, which is found to be unauthorized and not compoundable, shall be demolished. This Court sitting under Article 226 of The Constitution of India cannot decide which portion of the violation is compoundable and which portion of the violation is not compoundable. It is for the petitioner to draw the attention of the Authorities to the judgment and point out that the portion of the building, which is in violation of the sanctioned plan or it should be classified as a minor deviation and compoundable should not be removed. Leaving it open to the

petitioner to undertake such exercise, we dismiss this review petition. No costs.

[R.S.M., J.] [C.K., J.] 20.03.2025 kmi Index : No Internet : Yes Speaking order NCC : No

R. SUBRAMANIAN, J.

and C.KUMARAPPAN, J.

kmi in WP.No.1079 of 2024 20.03.2025