A.S.Jeevanandan v. The Member Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.07.2019
CORAM
THE HON'BLE MRS.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.Nos.21391 to 21395 of 2007 A.S.JEEVANANDAN .. Petitioner in WP.21391/2007 Y.M.MOHAN .. Petitioner in WP.21392/2007 JAMUNA VENKATESAN .. Petitioner in WP.21393/2007 S.VIJAYAKUMAR .. Petitioner in WP.21394/2007 S.SRINIVASAN .. Petitioner in WP.21395/2007 Vs 1 THE MEMBER SECRETARY CHENNAI METROPOLITAN DEVELOPMENT AUTHORITY GANDHI IRWIN ROAD EGMORE, CHENNAI - 8.
2 THE COMMISSIONER AVADI MUNICIPALITY AVADI, CHENNAI - 54.
.. Respondents in all W.Ps PRAYER in W.P.No.21391 of 2007: Petition under Article 226 of the Constitution of India seeking issuance of a writ of certiorari calling for the connected records in relation to the impugned Notice R.O.C.No.4902/2002/F2, dated 30.4.2007 of the second respondent and quash the same as illegal and void.
PRAYER in W.P.No.21392 of 2007: Petition under Article 226 of the Constitution of India seeking issuance of a writ of certiorari calling for the connected records in relation to the impugned Notice R.O.C.No.4898/2002/F2, dated
30.4.2007 of the second respondent and quash the same as illegal and void.
PRAYER in W.P.No.21393 of 2007: Petition under Article 226 of the Constitution of India seeking issuance of a writ of certiorari calling for the connected records in relation to the impugned Notice R.O.C.No.4897/2002/F, dated 30.4.2007 of the second respondent and quash the same as illegal and void. PRAYER in W.P.No.21394 of 2007: Petition under Article 226 of the Constitution of India seeking issuance of a writ of certiorari calling for the connected records in relation to the impugned Notice R.O.C.No.4896/2002/F, dated 30.4.2007 of the second respondent and quash the same as illegal and void. PRAYER in W.P.No.21395 of 2007: Petition under Article 226 of the Constitution of India seeking issuance of a writ of certiorari calling for the connected records in relation to the impugned Notice R.O.C.No.4895/2002/F, dated 30.4.
2007 of the second respondent and quash the same as illegal and void. For Petitioners : Mr.D.Muthukumar for M/s.Paul and Paul For Respondents : Mrs.Veena Suresh for 1st respondent Mr.P.Srinivas for 2nd respondent COMMON ORDER (Order of the Court was made by the Hon'ble Chief Justice) Heard Mr.D.Muthukumar, learned counsel for the petitioners; Mrs.Veena Suresh, learned counsel for the first respondent and Mr.P.Srinivas, learned counsel for the second respondent.
2. The petitioners approached this Court being aggrieved by the notices dated 30.4.2007 rejecting the applications submitted by the petitioners seeking regularization of unauthorized/deviated buildings. The said notices were issued by the second respondent, i.e., the Commissioner, Avadi Municipality.
3. The learned counsel for the second respondent states that the said notices have been wrongly issued to the petitioners and the same may be quashed. The said submission is recorded.
In view of the submission made by the learned counsel for the second respondent, these writ petitions are allowed and the impugned notices dated 30.4.2007 are set aside. No costs. Consequently, M.P.Nos.1 of 2007 (5 petitions) are closed. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar sasi To:
1 THE MEMBER SECRETARY CHENNAI METROPOLITAN DEVELOPMENT AUTHORITY GANDHI IRWIN ROAD EGMORE, CHENNAI - 8.
2 THE COMMISSIONER AVADI MUNICIPALITY AVADI, CHENNAI - 54.
+5 ccs to M/s.Paul & Paul, Advocate, S.R.No.64342 +1 cc to M/s.P.Srinivas, Advocate, S.R.No.64156 W.P.Nos.21391 to 21395 of 2007 NRJK(CO) SSM(14/08/2019)