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Madras High CourtWP/6599/2018disposed of

M.Gnanathiraviam v. The Assistant Commissioner

2023-07-27Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.07.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU M.Gnanathiraviam .. Petitioner -vs1. The Assistant Commissioner Division - 9 Corporation of Chennai Nungambakkam Chennai - 600024.

2. The Commissioner Corporation of Chennai Chennai - 600003.

3. The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajan Maligai No.1, Gandhi Irvin Road Egmore, Chennai - 600008.

4. The Deputy Commissioner Corporation of Chennai Zone Central No.12-B, Pulla Avenue Thiru-Vi-Ka Park Shenoy Nagar, Chennai - 600030.

5. Thirumalaisamy

6. T.Dhanabakkiam

7. The Thasildhar Mylapore - Triplicane Taluk No.28, Ground Floor Pasumpon Muthuramaligam Road RA Puram, Chennai - 600028.

8. The Secretary Housing & Urban Development Departments Secretariat, Chennai.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the respondents 1 to 4 to take necessary action against the respondents 5 and 6, who have made illegal construction in the Government land comprised in Survey No. 3759, which has been classified as water channel. For the Petitioner :

No appearance For the Respondents :

Mr.N.C.Ramesh, SC, (RR1, 2 & 4) Mr.C.N.Vinobha, SC (R3) Mr.L.Chandrakumar (RR5 & 6) Mrs.R.Anitha, SGP (RR7 & 8)

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) We have heard Mr.N.C.Ramesh, learned Standing Counsel, for respondents 1, 2 and 4; Mr.C.N.Vinobha, learned Standing Counsel, for respondent 3; Mr.L.Chandrakumar, learned counsel, for respondents 5 and 6 and Mrs.R.Anitha, learned Special Government Pleader, for respondents 7 and 8.

2. None appears for the petitioner, when the matter is called out.

3. Learned Special Government Pleader for respondents 7 and 8, on instructions, submits that the survey was conducted and further action is initiated.

4. Learned Advocate for respondents 5 and 6 submits that action was taken against respondents 5 and 6 with regard to the construction and respondents 5 and 6 have preferred an appeal against the same.

5. In view of the fact that the matter is sub judice in appeal now, no further orders are necessary in the present writ petition. As such, the writ petition stands disposed of. Depending upon the decision in the appeal, the parties may take further steps. No costs. (S.V.G., CJ.) (P.D.A., J.) 27.07.2023 Index : yes/no : Yes/No Maya

To:

1. The Assistant Commissioner Division - 9 Corporation of Chennai Nungambakkam Chennai - 600024.

2. The Commissioner Corporation of Chennai Chennai - 600003.

3. The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajan Maligai No.1, Gandhi Irvin Road Egmore, Chennai - 600008.

4. The Deputy Commissioner Corporation of Chennai Zone Central No.12-B, Pulla Avenue Thiru-Vi-Ka Park Shenoy Nagar, Chennai - 600030.

5. The Thasildhar Mylapore - Triplicane Taluk No.28, Ground Floor Pasumpon Muthuramaligam Road RA Puram, Chennai - 600028.

6. The Secretary Housing & Urban Development Departments Secretariat, Chennai.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(Maya) 27.07.2023