Madras High CourtWP/11211/2014disposed of

Chennai Bhattai 1st Street v. The Commissioner

2016-06-14Honourable The Chief Justice,Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.06.2016

CORAM

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P.No.11211 of 2014 and M.P.No.1 of 2014 Chennai Bhattai 1st Street Resident's Welfare Association (Regd No.11/2012) rep. by its Secretary K.Ganesan, No.31/68, Chennai Battai 1st Street, Villivakkam, Chennai-49.

.. Petitioner -vs1.The Commissioner, Rippon Buildings, Chennai-600 003.

2.The Executive Engineer, Zone VIII, Division 95, Pullah Avenue, Shenoy Nagar, Chennai-600 030.

3.The Executive Engineer, Zone VIII, Division 95, Kilpauk, Chennai-600 010.

4.The Chennai Metropolitan Development Authority, rep. by its Member Secretary, Thalamuthu Natarajan Maligai, Egmore, Chennai-600 008.

5.Andal, Proprietrix M/s.Andal Foundations, Old No.2B, New No.33 (Plot A & B) Chennai Bhattai 1st Street, Villivakkam, Chennai-600 049.

.. Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondents 1 to 4 to take action as per law on the deviation of construction against the 5th respondent in respect of the property bearing Old No.33, New Door No.2B (Plot A & B), Chennai Bhattai 1st Street, Chennai-600 049, pertaining to the Approved land in Ref No.2054/12 and 2056/12 dated 17.2.2012 and the consequential order of the 2nd respondent in No.3747/12 & 3748/12 dated 09.05.2012.

For Petitioner : Ms.P.Kavitha for M/s.B.Divakaran For Respondents : Mr.K.Soundararajan for R1toR3 Mr.N.Sampath for R4 Mr.R.Rajeshkumar for R5

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) The grievance made in the writ petition be examined by the first respondent and the decision be intimated to the petitioner, if there is a judicial interdict against the alleged unauthorised construction. If not, action in accordance with law be taken. Needful be done within a period of one month of the receipt of this order.

2. The writ petition is disposed of in terms aforesaid. No costs. Consequently, M.P.No.1 of 2014 is closed. Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar bbr To 1.The Commissioner, Rippon Buildings, Chennai-600 003

2.The Executive Engineer, Zone VIII, Division 95, Pullah Avenue, Shenoy Nagar, Chennai-600 030.

3.The Executive Engineer, Zone VIII, Division 95, Kilpauk, Chennai-600 010.

4.The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajan Maligai, Egmore, Chennai-600 008.

1 cc to Mr.R.Rajesh Kumar, Advocate, sr.32488 1 cc to Mr.K.Soundararajan, Advocate, sr.32363 1 cc to M/s.N.Sampath, Advocate, sr.32968 W.P.No.11211 of 2014 ctk co kra 22.06.2016