G.Sugumaran v. The Member Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.06.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU G.Sugumaran ...

Petitioner versus 1.The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajan Building No.1, Gandhi Irwin Road, Egmore, Chennai 08 2.The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai 3.The Deputy Commissioner Ambattur Zone, Chennai Corporation Ambattur, Chennai 4.Sri Santhana Srinivasa Perumal Public Charitable Trust Rep. by its Trustee, Appa Rao Vellalar Street, Mogappair West, Chennai 37 5.The Assistant Commissioner Sri Santhana Srinivasa Perumal Koil Mogappair West, Chennai 37 ...

Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 2 and 3 to take appropriate action against the unauthorized construction of marriage hall at S.No.557, T.S.No.46 Block 18, Mogappair Village, Ambattur Taluk, Thiruvallur District constructed by

the 4th respondent by taking note of the 1st respondent communication letter No. EC/ N-II/10518/2021 dated 3.12.2021 within stipulated time. For the Petitioner :

Mrs.R.Hemalatha For the Respondents :

No appearance for the first respondent Mr.A.Arun Babu, for respondents 2 and 3 Mr.R.Saravanakumar, for respondent No.4 Mr.Yoshwanth, Additional Government Pleader (H.R. & C.E.) for respondent No.5

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) We have heard Mrs.R.Hemalatha, learned counsel for the petitioner, Mr.A.Arun Babu, learned counsel for respondents 2 and 3, Mr.R.Saravanakumar, learned counsel for the fourth respondent, Mr.Yoshwanth, learned Additional Government Pleader, for the fifth respondent.

2. Learned counsel for the petitioner submits that encroachment has been committed by the fourth respondent. It is submitted by learned counsel for the first respondent that notices under Section 56 and 57 of the Tamil Nadu Town and Country Planning Act were issued to the fourth respondent. The learned counsel for the fourth respondent submits that the same were challenged before

the appellate authority and the said authority had set aside the notices and remanded the matter back. According to the learned counsel for the first respondent, fresh notices are also issued to the fourth respondent and the same are pending inquiry and decision. The first respondent/concerned authority shall take the enquiry to its logical end expeditiously.

3. With this observation, the writ petition is disposed of. There will be no order as to costs.

(S.V.G., CJ.) (P.D.A., J.) 27.06.2023 Index : yes/no : Yes/No tar To:

1.The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajan Building No.1, Gandhi Irwin Road, Egmore, Chennai 08 2.The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai 3.The Deputy Commissioner Ambattur Zone, Chennai Corporation Ambattur, Chennai

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

(tar) 27.06.2023