J.Suresh Kumar v. The Member Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.07.2019

CORAM

THE HON'BLE MRS.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.2345 of 2019 J.Suresh Kumar Rep. by his Power Agent, R.C.Mini D/o.S.Charulatha APRA 49, Nirala, Amitha Sankar Road Kannamoola Thiruvanthapuram - 11.

.. Petitioner Vs 1 The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Nataraj Buildings No.1, Gandhi Irwin Road Egmore, Chennai - 3.

2 The Commissioner Greater Chennai Corporation 1131, EVR Periyar Salai Park Town, Rippon Buildings Chennai - 20, 3 The Joint Commissioner Chennai Region, HR and CE Nungambakkam Chennai - 37.

4 The Additional Secretary (Technical) Housing and Urban Development Department Secretariat, Chennai - 9.

5 K.Vinoth kumar .. Respondents PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 1 and 2 herein to consider the order passed by the fourth respondent vide his Letter No.836/UD-7(2)/2018-1, dated 25.10.2018 and take action for execution of demolishing the unauthorized construction made in Door No.7/15, Survey No.129, Karunambigai Colony, Velacherry, Chennai - 42.

For Petitioner : Ms.S.Yogalakshmi for M/s.M.Guruprasad For Respondents : Mr.S.Thiruvengadam for 1st respondent Mr.V.C.Selvasekaran for 2nd respondent Mr.M.Maharaja Spl. Government Pleader (HR & CE) for 3rd respondent Mr.S.N.Parthasarathi Government Advocate for 4th respondent Mr.L.Chandrakumar for 5th respondent

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Heard Ms.S.Yogalakshmi, learned counsel for the petitioner; Mr.S.Thiruvengadam, learned counsel for the first respondent; Mr.V.C.Selvasekaran, learned counsel for the second respondent; Mr.M.Maharaja, learned Special Government Pleader for the third respondent; Mr.S.N.Parthasarathi, learned Government Advocate for the fourth respondent and Mr.L.Chandrakumar, learned counsel for the fifth respondent.

2. The petitioner is seeking directions to respondents 1 and 2 in relation to the unauthorized construction made in Door No.7/15, Survey No.129, Karunambigai Colony, Velacherry, Chennai - 42.

3. The learned counsel for the second respondent, i.e., the Commissioner, Greater Chennai Corporation, stated that the said premises have been locked and sealed on 22.7.2019.

4. The learned counsel for the second respondent as well as the learned Special Government Pleader appearing for the third respondent, i.e., the Joint Commissioner, Chennai Region, Hindu Religious and Charitable Endowments Department, stated that in relation to the unauthorized construction, they will take further steps in accordance with law.

5. In view of the submission made by the learned counsel for respondents 2 and 3, no further orders are necessary at this stage. Accordingly, the writ petition is closed. No costs. Sd/- Assistant Registrar(CS-VIII) //True copy// Sub Assistant Registrar sasi To:

1 The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Nataraj Buildings No.1, Gandhi Irwin Road Egmore, Chennai - 3.

2 The Commissioner Greater Chennai Corporation 1131, EVR Periyar Salai Park Town, Rippon Buildings Chennai - 20, 3 The Joint Commissioner Chennai Region, HR and CE Nungambakkam Chennai - 37.

4 The Additional Secretary (Technical) Housing and Urban Development Department Secretariat, Chennai - 9.

+1cc to Mr.M.Guruprasad, Advocate SR.No.65278 +1cc to Mr.L.Chandrakumar, Advocate SR.No.65143 +1cc to Government Pleader,High Court, Madras SR.No.65481 +1cc to Government Pleader (HR & CE)High Court, MadrasSR.No.65198 W.P.No.2345 of 2019 MP(CO) GMY(30/08/2019)