N.C.Narendran v. The Member Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Special Original Jurisdiction ) Friday, the Sixteenth day of March Two Thousand Eighteen PRESENT THE HON`BLE MR JUSTICE M.VENUGOPAL AND THE HON`BLE MR JUSTICE S.VAIDYANATHAN WP No.30435 of 2017 N.C.NARENDRAN [ PETITIONER ] Vs 1 THE MEMBER SECRETARY [ RESPONDENTS ] CMDA, CMDA BUILDINGS, EGMORE, CHENNAI-8 2 THE COMMISSIONER CORPORATION OF GREATER CHENNAI, RIPPON BUILDING, CHENNAI-3 3 THE COMMISSIONER OF POLICE POLICE COMMISSIONERS OFFICE, EGMORE, CHENNAI-8 4 THE CHIEF PLANNER, ENFORCEMENT CELL, CMDA, CMDA BUILDINGS, EGMORE, CHENNAI-8 5 THE ASST. COMMISSIONER OF POLICE NUMGAMBAKKAM POLICE STATION, VALLUVARKOTTAM HIGH ROAD, CHENNAI-34 6 THE ZONAL EXECUTIVE ENGINEER, ZONE 09, WARD 113, CORPORATION OF CHENNAI, NO.4, 4TH CROSS STREET, LAKE VIEW ROAD, CHENNAI-34 7 N.C.MAHENDRAN NO.104, WEST MADA STREET, NUNGAMBAKKAM, CHENNAI-34 8 N.C.PRIYA NO.109/121, VALLUVARKOTTAM HIGH ROAD, NUNGAMBAKKAM, CHENNAI-34 9 M/S.S.S.HYDERABAD BRIYANI PVT.
LTD., NO.109/121, VALLUVARKOTTAM HIGH ROAD, NUNGAMBAKKAM, CHENNAI-34
10 THE ASSISTANT ENGINEER O & M, TANGEDCO, CEDC/WEST, MAHALINGAPURAM, CHENNAI R10 SUO MOTU IMPLEADED AS PER ORDER DATED 30.01.2018 BY MVJ & SVNJ IN WP.30435/2017 Writ Petitions under Article 226 of the Constitution of India praying that in these circumstances stated therein and in the respective affidavits filed therewith the High Court will be pleased to Issue a Writ of Mandamus or any other appropriate Writ order or direction in the nature of a Writ directing the respondents 1 to 6 to take necessary action against the unauthorized constructions (sheds) and the unauthorised Commercial Hotel and Biryani business and other fast food activities being carried on at the premises bearing Door No.109, (New NO.121), Valluvar Kottam High Road, Nungambakkam High Rod, Chennai-34, previous known as No.
34, Ramanaicken Street, Nungambakkam, Chennai34, and close down any such illegal business, and not to grant or renew any permission or license of anykind to the 7th, 8th and 9th respondents or to anyone else for running any commercial activities or Hotel/ restaurant/fast food or any eating house business or for any alterations/ additions in the said premises [ in WP.No.30435/2017 ] Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.K.P.ASHOK Advocate for the petitioner and of MR.A.N.TAMBIDURAI Special Government Pleader for 3 & 5 respondent and MR.K.SOUNDARARAJAN Senior Counsel for 2 & 6 respondents and MR.A.ABDUL RAROOF Advocate for 9th respondent and MR.C.JOHNSON Advocate for 1 & 4th respondent and MR.
VEDAVALLI KUMAR Advocate for 8th respondent the court made the following order:- On behalf of ninth respondent-Company the Managing Director has filed an affidavit dated 16.03.2018 stating that they have decided to vacate the premises where they are running hotel business at NO.109/121, Valluvarkottam High Road, Nungambakkam, Chennai-34, and further, they have prayed for four months' time to vacate the premisses and remove their interior decorations and infrastructure and he has also given an undertaking to vacate the premises on or before 16.07.2018.
At this juncture, the learned counsel for the sixth respondent-Corporation of Chennai, brings it to the notice of this Court that de-occupation notice was issued by the Corporation of Chennai to the petitioner and respondents 7 to 9, and in this regard, a report will be submitted by 20.03.2018. For filing the said report, post on 20.03.2018.
In the meanwhile, learned counsel for the eighth respondent informs this Court that they will file affidavit on 20.03.2018 to rectify the defects/deviations pointed out by the Corporation of
Chennai and to bring the building according to the approved plan. Post on 20.03.2018 immediately after admission cases under the caption "for orders".
-sd/- 16/03/2018 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.
TO 1 THE MEMBER SECRETARY CMDA, CMDA BUILDINGS, EGMORE, CHENNAI-8.
2 THE COMMISSIONER CORPORATION OF GREATER CHENNAI, RIPPON BUILDING, CHENNAI-3 3 THE COMMISSIONER OF POLICE POLICE COMMISSIONERS OFFICE, EGMORE, CHENNAI-8 4 THE CHIEF PLANNER, ENFORCEMENT CELL, CMDA, CMDA BUILDINGS, EGMORE, CHENNAI-8 5 THE ASST. COMMISSIONER OF POLICE NUMGAMBAKKAM POLICE STATION, VALLUVARKOTTAM HIGH ROAD, CHENNAI-34 6 THE ZONAL EXECUTIVE ENGINEER, ZONE 09, WARD 113, CORPORATION OF CHENNAI, NO.4, 4TH CROSS STREET, LAKE VIEW ROAD, CHENNAI-34.
7 THE ASSISTANT ENGINEER O & M, TANGEDCO, CEDC/WEST, MAHALINGAPURAM, CHENNAI. C.C. to M/S.K.P.ASHOK Advocate on payment of necessary charges C.C. to MR.K.SOUNDARARAJAN, Advocate on payment of necessary charges Order in WP.30435/2017 Date :16/03/2018 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format RR 04/12/2017 SDR 19.03.2018