Smitha Arons v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.04.2022

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA AND THE HONOURABLE MR.JUSTICE S.SOUNTHAR W.P.NO.3858 OF 2022 AND WMP.NO.3999 OF 2022

1. Smitha Arons

2. Shruti Reddy ... Petitioners -vs1. The Secretary, Housing and Urban Development Department, Fort St. George, Chennai-600 009.

2. The Member Secretary, Chennai Metropolitan Development Authority, No.8, Gandhi Irwin Road, Egmore, Chennai-600 008.

3. The Commissioner, Corporation of Chennai, Ripon Building, Chennai-600 003.

4. The Zonal Executive Engineer, Zone IX, Corporation of Chennai, No.1, Lake Area, 4th Cross Street, Nungambakkam, Chennai-600 003.

5. P.Viresh Reddy

6. P.Vishal Reddy ... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking for issuance of a Writ of Mandamus, directing the planning authorities, in particular, the respondents 1 to 4 to lock and seal and demolish the unauthorized construction,

especially, put up on the 2nd floor, thereby preventing any further unauthorized construction at the property bearing No.8/20, Rutland Gate 4th Street, Nungambakkam, Chennai-600 006, within a time fixed by this Court.

For Petitioner :

Mr.T.Srikrishna Bhagavat For Respondents :

Mr.K.V.Sajeev Kumar, Spl.G.P. for R1 Mrs.C.Sumathi for R2 Mr.K.Raja Shrinivas for R3 & 4

ORDER

(Order of the Court was made by T.RAJA, J.) This Writ Petition has been filed seeking to issue a Writ of Mandamus, directing the respondents 1 to 4 to lock and seal and demolish the unauthorized construction, especially, put up on the 2nd floor, thereby preventing any further unauthorized construction at the property bearing No.8/20, Rutland Gate 4th Street, Nungambakkam, Chennai-600 006, within a time fixed by this Court.

2.

When the matter was called, Mr.K.Raja Shrinivas, learned Standing Counsel taking notice for the respondents 3 and 4 submitted that they have already locked and sealed the second floor of the property-in-question second time, therefore, nothing survives for further adjudication in this Writ Petition. 3.

Recording the said submissions of the learned Standing Counsel for the respondents 3 and 4, this Writ Petition is closed. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar tsi

To

1. The Secretary, Housing and Urban Development Department, Fort St. George, Chennai-600 009.

2. The Member Secretary, Chennai Metropolitan Development Authority, No.8, Gandhi Irwin Road, Egmore, Chennai-600 008.

3. The Commissioner, Corporation of Chennai, Ripon Building, Chennai-600 003.

4. The Zonal Executive Engineer, Zone IX, Corporation of Chennai, No.1, Lake Area, 4th Cross Street, Nungambakkam, Chennai-600 003.

+1cc to the Government Pleader, S.R.No.26340 W.P.No.3858 of 2022 RK(CO) RLP(04/05/2022)