J.Palani v. The Member Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.03.2022
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA and THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP W.P.No.12448 of 2021 J.Palani ... Petitioner vs
1. The Member Secretary, Chennai Metropolitan Development Authority, Egmore, Chennai - 600 008.
2. The Block Development Officer/The Commissioner, Kundrathur Union Office, Puspagiri Road, Padappai, Kanchipuram District - 601 301.
3. The Secretary, Ayyappanthangal Panchayat, Ayyappanthangal, Chennai - 600 056.
4.S.Suresh 5.S.Saravanan 6.S.Ambika ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the respondents 1 to 3 to take necessary actions on the representation of the petitioner dated 11.02.2021.
For Petitioner : Mr.Amar D Pandiya For Respondent 1 : M/s.P.Veenasuresh Standing Counsel For Respondents : Mr.Karthik Jaganathan 2 and 3 Government Advocate For Respondents : Mr.R.D. Ashok 4 and 6
ORDER
[Order of this Court was delivered by T.RAJA, J.] Mr.J.Palani, S/o.Jayaraman, residing at Plot No.8, Door No.11/380, Union Road, Nadukulam Street, Kesavarthini Nagar, Chinnakulathavancheri, Chennai, has filed this Writ Petition for issuance of Writ of Mandamus under Article 226 of the Constitution of India, directing the respondents 1 to 3 to take necessary action on his representation dated 18.02.2021. 2.Learned Counsel for the petitioner would submit that the petitioner's paternal uncle one Arumugam owned a land at Moulivakkam Village and as the same was acquired by the National Highways Authority for laying Outer Ring Road, he was allotted with an alternative land viz., a housing plot in Survey No.71 measuring an extent of 1080 sq. ft. bearing Plot No.
14 at Kesavarthini Nagar, Chinnakoluthavancheri Village, Sriperumbudur Taluk, Kanchipuram District. On 27.09.2000, the said Arumugam died and his parents, namely, the grant parents of the petitioner also died intestate. Hence, the estate of Late Arumugam has been succeeded by his two brothers, namely, Jayaraman - the father of the petitioner and Sahadevan - the father of respondents 4 to 6. After the demise of the father of the petitioner and the respondents 4 to 6, the petitioner and his brother one J.Krishnan are entitled to half share in the said land and the respondents 4 to 6 are also entitled to another half share in the said land. However, the respondents 4 to 6 have started putting up construction in Plot No.14 by encroaching into the petitioner's share.
Therefore, the petitioner tried to stop the further construction but he was unable to do so. Hence, the petitioner made a representation dated 18.02.2021 to the respondents 1 to 3. Since no action was taken on the representation made by the petitioner, he has filed this Writ Petition.
3.Learned Counsel for the respondents 4 to 6 refuting the submission of the learned Counsel for the petitioner stated that in the land in question, the respondents 4 to 6 have put up construction which was originally allotted to their father, namely, Sahadevan.
4.Learned Standing Counsel for the first respondent submitted that action has been taken on the representation of the petitioner dated 18.02.2021 and already stop work notice has been issued to the fourth respondent on 30.04.2021 calling for production of approved plan.
5.Considering the fact that there has been a civil dispute
persisting between the petitioner and the respondents 4 to 6 and the first respondent had already taken action on the representation of the petitioner by issuing stop work notice on 30.04.2021 calling upon the respondents 4 to 6 to answer the same, nothing survives in this Writ Petition. Accordingly, the Writ Petition is dismissed. If the petitioner has got any grievance, he can workout his remedy by approaching the appropriate civil forum in the manner known to law. No costs. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar srm To
1. The Member Secretary, Chennai Metropolitan Development Authority, Egmore, Chennai - 600 008.
2. The Block Development Officer/The Commissioner, Kundrathur Union Office, Puspagiri Road, Padappai, Kanchipuram District - 601 301.
3. The Secretary, Ayyappanthangal Panchayat, Ayyappanthangal, Chennai - 600 056.
+1cc to M/s.P.Veenasuresh CMDA Standing Counsel, Advocate, S.R.No.15921 +1cc to Mr.B.Jawahar, Advocate, S.R.No.16102 +1cc to Mr.R.D. Ashok Kumar, Advocate, S.R.No.16096 W.P.No.12448 of 2021 GMR(CO) CT 12/04/2022