M.Thangavel v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 15.12.2021
CORAM:
THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR. JUSTICE V.SIVAGNANAM W.P. No.3870 of 2021 M.Thangavel .. Petitioner
Versus
1. The Commissioner, Ribbon Building, Chennai.
2. The Member Secretary, CMDA Building, Thaalamuthu Natarajan Maligai, No.1, Gandhi Irvin Road, Ansari Estate Egmore, Chennai 600 008.
3. The Zonal Officer, Zone-6, No.5, Andersons Salai, Aynavaram, Chennai 600 023.
4. N.Jothi .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus, directing the respondents 1 to 3 order passed against the fourth respondent to grant lock and seal and demolish the constructed building the said property in S.No.3217/4, 3217/10, as per patta in S.No.3217/76, 1380 Sq.Ft. at No.45, Subburayan 2nd Street, Nammalwerpet, Otteri, Chennai without building plan approval. For petitioner : Mr.Rajarajan for Mr.K.Prabakaran For respondents for RR1 & R3 : Mr.K.Raja Shrinivas for R2 : M/s.C.Sumathy Sreekanth
ORDER
(The Order of the Court was made by K.KALYANASUNDARAM, J) The Writ Petition is heard through video conferencing.
2. The petitioner has come forward with this Writ Petition for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to take action against the fourth respondent building, which was unauthorisedly constructed in Survey No.3217/4 and 3217/10 at Subburayan Second Street, Nammalwerpet, Otteri, Chennai.
3. Heard Mr.Rajarajan, learned Counsel appearing for Mr.A.Sathasivam, learned counsel for the petitioner, Mr.K.Raja Shrinivas, learned Senior Standing Counsel appearing for the respondents 1 and 3 and Mrs.C.Sumathy Sreekanth, learned Standing Counsel appearing for the second respondent and perused the materials available on record.
4. It is the submission of the learned Senior Standing Counsel appearing for the respondents 1 and 3/the Greater Chennai Corporation Mr.K.Raja Shrinivas, that the official respondents have initiated action against the fourth respondent as well as the the petitioner by issuing lock and seal and deoccupation notices.
5. In the light of the submissions of the learned Senior Standing Counsel appearing for the respondents 1 and 2, we are of the considered opinion that the prayer sought for in the Writ Petition has become infructuous. Accordingly, the Writ Petition is closed. No costs.
Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar pvs To
1. The Commissioner, Ribbon Building, Chennai.
2. The Member Secretary, CMDA Building, Thaalamuthu Natarajan Maligai, No.1, Gandhi Irvin Road, Ansari Estate Egmore, Chennai 600 008.
3. The Zonal Officer, Zone-6, No.5, Andersons Salai, Aynavaram, Chennai 600 023.
+1cc to Mr.K.Prabakaran, Advocate, S.R.No.67300 +1cc to Mr.K.Raja Shrinivas, Advocate, S.R.No.67143 W.P. No.3870 of 2021 CP(CO) CT 28/01/2022