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Madras High CourtWP/13926/2016disposed of

Mr. Mohanavel Murugan v. The Commissioner

2016-11-09Honourable The Chief Justice,Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.11.2016

CORAM

The HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE R.MAHADEVAN W.P.No.13926 of 2016 Mohanavel Murugan ... Petitioner

Versus

1.The Commissioner, Corporation of Chennai, Ripon Building, Chennai.

2.The Assistant Engineer, Corporation of Chennai, Cherian Nagar, Washermenpet, Chennai 600 081.

3.Babulal Jain ... Respondents Petition under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the respondents 1 and 2 to remove the illegal and unauthorised construction of building consists of ground and first floor put up by the 3rd respondent in the property situated at Old no.46, T.H.Road, New Washermenpet, Chennai 600081. For Petitioner : Mr.No appearance For Respondents : Mr.A.Nagarajan for R.1 & R.2.

ORDER

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(Order of the Court was made by the Hon'ble Chief Justice) None appears for the petitioner or the third respondent. 2.We may note that the writ petition was already disposed of on 26.04.2016 in the absence of any representation on behalf of the third respondent and on a grievance being made in that behalf, the order was recalled by order dated 02.06.2016, where the respondent accepted notice.

3. We are informed by the learned counsel for the Corporation/1st and 2nd respondents that an appeal has been filed under Section 80-A of the Town and Country Planning Act, 1971 by the third respondent and status quo order has been granted pending disposal of the appeal in terms of orders of the Division Bench in W.P.No.29175 of 2016 dated 22.08.2016.

3. In view thereof, no further directions are required and the writ petition stands disposed of, leaving the parties to bear their own costs. Consequently, WMP.No.11952 of 2016 is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ksr To 1.The Commissioner, Corporation of Chennai, Ripon Building, Chennai.

2.The Assistant Engineer, Corporation of Chennai, Cherian Nagar, Washermenpet, Chennai 600 081. +1cc to Mr. V. Sivakumar, Advocate Sr.No.66956 (22/12/2016) vsn (CO) md (15/11/2016) W.P.No.13926 of 2016 https://hcservices.ecourts.gov.in/hcservices/