Abdul Aziz Wakf, Rep By Its v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 17.04.2023
CORAM
THE HONOURABLE Ms. JUSTICE V.M.VELUMANI AND THE HONOURABLE Mr. JUSTICE V.LAKSHMINARAYANAN and W.M.P.No.5353 of 2018 Abdul Aziz Wakf Rep. by its Joint Muttawalli A.A.Riazuddin Ahmed .. Petitioner Vs.
1.The Commissioner Ripon Building Chennai-3 2.The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajan Maaligai Egmore, Chennai-8 1/6
3.The Assistant Executive Engineer Dr.Besant Road Zone No.9, Division No.120 Triplicane, Chennai-5 4.A.Abdul Lathif @ Lathif 5.S.Fakhruddin 6.Zainab Fakhruddin 7.The Tamil Nadu Wakf Board Rep. by its C.E.O.
1, Jaffar Syrang Street Vallal Seethakhadi Nagar Chennai-1 (Impleaded vide order dt.8.4.19 made in W.M.P.No.11177/19) 8.The Tahsildar No.46, Greenways Road Raja Annamalaipuram Chennai-28 (Suo motu impleaded vide order dt.15.3.23) .. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the respondents 1 to 3 to take action against the respondents 5 and 6 in accordance with law for the illegal and unauthorised construction being put up by the respondents 5 and 6 at the property bearing door No.47-A, Dr.Natesan Road, Triplicane, Chennai-5, which belongs to the petitioner Wakf.
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For Petitioner : Mr.Muniruddin Sheriff For R1 : Ms.P.T.Rama Devi Standing Counsel For R2 : Mr.C.N.Vinobha Standing Counsel For R3 & R7 :
Ms.H.Yasmeen Ali For R4 :
Mr.V.G.Suresh Kumar For R5 & R6 :
Ms.AL.Gandhimathi Senior Counsel for Mr.A.R.Karthik Lakshmanan For R8 :
Mr.P.Gurunathan Additional Government Pleader
O R D E R
(Order of the Court was made by V.M.VELUMANI, J.) This writ petition has been filed for a direction to the respondents 1 to 3 to take action against the respondents 5 and 6 alleging that they have put an unauthorised construction in the property bearing door No.47-A, Dr.Natesan Road, Triplicane, Chennai-5, which belongs to the petitioner Wakf.
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2. When the matter was taken up for hearing, Mr.P.Gurunathan, learned Additional Government Pleader appearing for the 8th respondent submitted that already the Corporation officials have issued notice dated 28.08.2019 under Section 56(2A) and Section 57 of the Tamil Nadu Town and Country Planning Act, 1971, for lock and seal the premises.
3. In view of the above submission of the learned Additional Government Pleader and the liberty given to the 5th respondent herein in W.P.No.27563 of 2019 to file revision before the Government, no further order is necessary and this writ petition is closed. No costs. Connected miscellaneous petition is closed.
(V.M.V.,J.) (V.L.N.,J.) 17.04.2023 Index : Yes / No (1/2) gya 4/6
To 1.The Commissioner Ripon Building Chennai-3 2.The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajan Maaligai Egmore, Chennai-8 3.The Assistant Executive Engineer Dr.Besant Road Zone No.9, Division No.120 Triplicane, Chennai-5 4.The C.E.O.
Tamil Nadu Wakf Board 1, Jaffar Syrang Street Vallal Seethakhadi Nagar Chennai-1 5.The Tahsildar No.46, Greenways Road Raja Annamalaipuram Chennai-28 5/6
V.M.VELUMANI, J.
AND V.LAKSHMINARAYANAN, J.
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