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Madras High CourtWP/7464/2021closed

Mr.Mahadevan v. The Member Secretary

2023-07-10Honourable Mrs Justice J. Nisha Banu,Honourable Mrs Justice N. Mala6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.07.2023

CORAM

THE HON'BLE MRS. JUSTICE J.NISHA BANU AND THE HON'BLE MRS. JUSTICE N.MALA and W.M.P.Nos.7984 & 7989 of 2021

1. Mahadevan

2. Deepa

3. Sriram

4. Divya

5. Gautam

6. Preeti Menon

7. Sitraman

8. Pushpa

9. Ramu

10. Pushya Sitaraman

11. Mahalingam

12. Chander Seetharaman

13. Ramesh Baliga

14. Srikant

15. Nandini

16. Srinivas

17. Sharada

18. Mijaay K Sheth

19. Nandini V.Sheth

20. Ramesh Baliga

21. Srikar Reddy

22. Anthony

23. Uma ... Petitioners Page 1/6

Vs.

1. The Member Secretary, Chennai Metropolitan Development Authority, "Thalamuthu-Natarajan Maaligai,"

No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.

2. Corporation of Chennai, rep. by its Commissioner, No.1131, Rippon Building, EVR Periyar Salai, Park Town, Chennai - 600 003.

3. The Executive Engineer, Corporation of Chennai, No.4, 4th Cros Street, Lake View Road, Chennai - 600 034.

4. Shanker Raman, Corporate Office, C/o trusted Aerospace Engineering Pvt.Ltd., No.16, Cenotaph Road, Wescare Towers, Teynampet, Chennai - 600 018.

Also at:

Shanker Raman/ Rajasekar, C/o Trusted Aerospace Engineering Pvt.Ltd., 105, Nemili Road, Sriperumbudur, Kancheepuram District, Chennai - 602 105.

... Respondents Writ Petition filed under Article 226 of the Constitution of India to Page 2/6

issue a Writ of Mandamus to direct the respondents 1 and 2 to forthwith take action against the illegal structure put up by the 4th respondent by considering the representation of the petitioners dated 03.11.2020 in a time bound manner.

For Petitioner : Mr.S.Ramesh For Respondents : Mrs.P.Veena Suresh Standing Counsel for R1/CMDA Mr.E.C.Ramesh, Standing Counsel for R2 & R3 M.T.M.Mano for R4

O R D E R

This writ petition has been filed to direct the respondents 1 and 2 to forthwith take action against the illegal structure put up by the 4th respondent by considering the representation of the petitioners dated 03.11.2020 in a time bound manner.

2. According to the petitioners, they are residents of Subbaraya Avenue, Abhiramapuram, Chennai - 600 018 and living there for several decades peacefully. The 4th respondent had purchased the property at Door No.10. Subbraya Avenue, adjacent to Sriranjani Apartment. The 4th respondent has been constructing without any concern for neighbours Page 3/6

and contrary to approved plan. The entire side set back is encroached by two storeyed structure and a generator has been mounted on it. Though the petitioners pointed out the violation to the respondents by letter dated 03.11.2020, till date, there is no response. Therefore, the petitioners have come forward with the present writ petition.

3. Learned Standing counsel for the 1st respondent would state that action has been initiated and notice has also been sent to the 4th respondent for unauthorised construction, by letter dated 20.06.2022. Learned Standing Counsel also produced a copy of the same before this Court.

4. Since action has been initiated, no further order is necessary in this writ petition. Therefore, the Writ Petition stands closed. No costs. Consequently, connected miscellaneous petitions are closed. (J.N.B,J.) (N.M., J.) Index : Yes / No 10.07.2023 Internet : Yes vsi Page 4/6

To

1. The Member Secretary, Chennai Metropolitan Development Authority, "Thalamuthu-Natarajan Maaligai,"

No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.

2. Corporation of Chennai, rep. by its Commissioner, No.1131, Rippon Building, EVR Periyar Salai, Park Town, Chennai - 600 003.

3. The Executive Engineer, Corporation of Chennai, No.4, 4th Cros Street, Lake View Road, Chennai - 600 034.

Page 5/6

J. NISHA BANU, J.

and N.MALA,J.

vsi 10.07.2023 Page 6/6