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Madras High CourtWP/11975/2011disposed of

Gems Park Apartment Owners v. The Commissioner

2016-11-28Honourable The Chief Justice,Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.11.2016

CORAM

The HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE R.MAHADEVAN W.P.No.11975 of 2011 Gems Park Apartment Owner's Association rep. by its Secretary R-15, Ruby Block Gems Park, Gems Park Avenue Mogappair Eri Scheme Chennai - 600 037.

.. Petitioner vs.

1. The Commissioner Ambattur Municipality Ambattur, Chennai.

2. B.Maheshwari Commissioner Ambattur Municipality Ambattur, Chennai.

3. Bhaskar Babu Homes Private Limited rep. by its Managing Director, G.Bhaskar No.12/1, Reddy Street Ragamaalika Apartments Virugambakkam, Chennai - 92.

.. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of Certiorari calling for the records relating to the proceedings of the 1st respondent in Na.Ka.No.6538/11/F3, dated 22.4.2011 and quash the same as illegal and against the provisions of the Tamil Nadu District Municipalities Act, 1920.

For Petitioner : Mr.R.Shivakumar for M/s.K.M.Vijayan Associates For Respondents : Mr.V.C.Selvasekaran for respondents 1 and 2 https://hcservices.ecourts.gov.in/hcservices/

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The learned counsel for respondents 1 and 2 states that the Ambattur Municipality was merged in the Corporation on 19.7.2011 and the impugned notice issued by the Municipality on 22.4.2011 had validity of only one year. Thus, he submits that the building will be inspected afresh and if there are any violations, fresh notice will be issued by the Corporation.

2. The aforesaid exercise be done by the Corporation within one month of the receipt of the order.

The petition stands disposed of accordingly. No costs. Consequently, M.P.Nos.1 and 2 of 2011 are closed. Sd/- Asst.Registrar (CS V ) /true copy/ Sub Asst. Registrar To The Commissioner Ambattur Municipality Ambattur, Chennai.

+1 cc to M/s.K.M.vijayan,advocate,sr.69903.

mg(co) krd 8/12 W.P.No.11975 of 2011 https://hcservices.ecourts.gov.in/hcservices/