A.Bhuvaneshwari v. The Secretary To Government,

IN THE HIGH COURT OF JUDICIATURE AT MADRAS

DATED : 18.02.2020 CORAM :

THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE R.PONGIAPPAN W.P.No.3742 of 2020 and W.M.P.No.4423 of 2020 A.Bhuvaneshwari ...

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

2.The Commissioner, Corporation of Chennai, Rippon Building, Chennai - 600 003.

3.The Member Secretary, Chennai Metropolitan Development Authority, Thalaimuthu Natarajan Maligai, No.11, Gandhi Irwin Road, Chennai - 600 008.

4.The Regional Deputy Commissioner (South), Enforcement Cell, Adyar, Chennai - 600 020.

5.The Executive Engineer, Zone - 13, Corporation of Chennai, Adyar, Chennai - 600 020.

...

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari, calling for the records of de-occupation notice No.5634 dated 21.01.2020 issued under Section 56 - Sub Section 2(A) & 57 read with Section 85 of Town and Country Planning Act, 1971 in relation to Guru Complex situated at Plot No.B-9/A2, 2nd Main Road, Thiruvalluvar Nagar, Thiruvanmiyur Extension, Thiruvanmiyur, Chennai - 41 by the 5th respondent and quash the same.

For Petitioner :

M/s.Anu Ganesan For Respondent Nos.1 & 4 :

Mr.E.Balamurugan, Special Government Pleader For Respondent No.3 :

Mr.Karthick Rajan For Respondent Nos.2 & 5 :

Mr.Raja Srinivas

O R D E R

[Order of this Court was made by R.SUBBIAH,J.] The petitioner has come up with the present Writ Petition praying for issuance of a Writ of Certiorari to call for the records of de-occupation Notice No.5634 dated 21.01.2020 issued under Section 56 - Sub Section 2(A) & 57 read with Section 85 of Town and Country Planning Act, 1971, in relation to Guru Complex situated at Plot No.B-9/A2, 2nd Main Road, Thiruvalluvar Nagar, Thiruvanmiyur Extension, Thiruvanmiyur, Chennai - 41, by the fifth respondent and quash the same.

2. Today, when the matter is taken up for consideration, the learned Special Government Pleader appearing on behalf of the respondents 1 and 4 submitted that the petitioner is only a tenant and she has no locus standi to file the present Writ Petition.

3. In view of the above submission made by the learned Special Government Pleader appearing on behalf of the respondents 1 and 4, this Writ Petition stands dismissed. Consequently, connected Miscellaneous Petition is closed. However, there is no order as to costs.

Sd/- Assistant Registrar (CS-I) //True Copy// Sub Assistant Registrar sri To 1.The Secretary to Government, Housing and Urban Development Department, Fort St.George, Chennai - 600 009.

2.The Commissioner, Corporation of Chennai, Rippon Building, Chennai - 600 003.

3.The Member Secretary, Chennai Metropolitan Development Authority, Thalaimuthu Natarajan Maligai, No.11, Gandhi Irwin Road, Chennai - 600 008.

4.The Regional Deputy Commissioner (South), Enforcement Cell, Adyar, Chennai - 600 020.

5.The Executive Engineer, Zone - 13, Corporation of Chennai, Adyar, Chennai - 600 020.

+1cc to Mr.G.AnuGanesan, Advocate, S.R.No. 13785 +1cc to the Government Pleader, S.R.No. 14261 W.P.No.3742 of 2020 and W.M.P.No.4423 of 2020 VD(CO) GN(19/03/2020)