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Madras High CourtWP/998/2018dismissed

Federation Of Adambakkam v. The Commissioner And

2022-10-20Honourable Mr Justice R. Subramanian,Honourable Mr Justice K.Kumaresh Babu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.10.2022

CORAM

THE HONOURABLE Mr.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Federation of Adambakkam Welfare Association (Regd.) 380/2015 Rep. by its General Secretary Mr.M.Saravanan No.5 Balakrishnapuram 4th Street Adambakkam, Chennai 600 088 .. Appellant Vs.

1.The Commissioner and Secretary Local Administration Department Govt of Tamil Nadu, Chennai 600 009 2.The Commissioner Corporation of Chennai Chennai 600003 3.The Assistant Commissioner - Zone 12 Alandur - Corporation of Chennai 4.The District Collector Kanchipuram Kanchipuram District 5.The Director of Town and Country Planning 13 Varadharasanar Street, Vedachalam Nagar Chengelpet - Kanchipuram Dt.

6.R.Jayachandran .. Respondents Page 1/4

PRAYER : Writ Petition filed under Article 226 of the Constitution of India for a writ of mandamus directing the 1st and 2nd respondents to take possession of the property measuring 7.25 grounds (17400 sq.ft) earmarked as "for use of Kalyana Mandapam" in the sanctioned layout plan vide their approval No.273/73 for survey no.255/4 in the WARD-F BLOCK-12 now T.S. No.156(A) now recorded in the name of the 6th respondent and permit the members of the petitioner association and the public to use the said property as park and community hall and not to permit the 6th respondent to do any construction. For Appellant : Mr.L.Chandrakumar For Respondents : Mr.Vadivelu Deenadayalan, Addl. Govt. Pleader for R1, R4 & R5 Mrs.P.T.Ramadevi, Standing Counsel for R2, R3 Mr.G.Krishnakumar for R6

O R D E R

(delivered by R.SUBRAMANIAN, J.) The prayer in the writ petition reads as follows: " For reasons stated in the accompanying affidavit the petitioner prays that this Hon'ble Court may be pleased to issue a writ of mandamus directing the 1st and 2nd respondents to take possession of the property measuring 7.25 grounds (17400 sq.ft) earmarked as "for use of Kalyana Mandapam" in the sanctioned layout plan vide their approval No.273/73 for survey no.255/4 in the WARD-F BLOCK-12 now T.S. No.156(A) now recorded in the name of the 6th respondent and permit the members of the petitioner association and the public to use the said property as park and community hall and not to permit the Page 2/4

6th respondent to do any construction."

2. In view of the dismissal of the writ appeal No.4335 of 2019, this writ petition will also stand dismissed. No costs. [R.S.M., J.] [K.B., J.] 20.10.2022 Index : Yes / No Asr To 1.The Commissioner and Secretary Local Administration Department Govt of Tamil Nadu, Chennai 600 009 2.The Commissioner Corporation of Chennai Chennai 600003 3.The Assistant Commissioner - Zone 12 Alandur - Corporation of Chennai 4.The District Collector Kanchipuram Kanchipuram District 5.The Director of Town and Country Planning 13 Varadharasanar Street, Vedachalam Nagar Chengelpet - Kanchipuram Dt.

6.The Government Pleader High Court, Madras Page 3/4

R.SUBRAMANIAN, J.

AND K.KUMARESH BABU, J.

Asr Date : 20.10.2022 Page 4/4