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Madras High CourtWP/13978/2015disposed of

E.P.Parthasarathy v. The Member Secretary

2015-06-01Honourable Mr Justice M. Venugopal,Honourable Mr Justice Satish K. Agnihotri2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.06.2015

CORAM:

THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE M.VENUGOPAL W.P. No.13978 of 2015 E.P. Parthasarathy Petitioner vs.

The Member Secretary Chennai Metropolitan Development Authority No.1, Gandhi Irwin Road Egmore, Chennai 600 008 The Commissioner Corporation of Chennai Ripon Buildings Chennai 600 003 R. Hemavathi Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 1 and 2 to remove the illegal and unauthorised construction made by the third respondent at Old Door No.59, New Door No.44, Perumal Koil Street, Saidapet, Chennai 600 015.

For petitioner Mr. S. Senthilnathan For R1 Mr. C. Johnson For R2 Mr. A. Nagarajan

ORDER

(Order of the Court was made by SATISH K. AGNIHOTRI, J.) Mr. C. Johnson, learned Standing Counsel, accepts notice for the first respondent. Mr. A. Nagarajan, learned Standing Counsel, accepts notice for the second respondent.

By the instant writ petition, the petitioner seeks a direction to the official respondents not to allow the third respondent to have unauthorised construction in the property in https://hcservices.ecourts.gov.in/hcservices/

question, which is the subject matter of pending civil suit in C.S. No.200 of 2005, on the file of the XVIII Additional City Civil Court, Chennai.

In view of the pendency of the aforesaid civil suit in respect of the same property, we are not inclined to entertain this writ petition and pass any order, at this stage. However, liberty is reserved to the petitioner to take recourse to the Civil Court, as advised under provisions of law.

The writ petition stands disposed of with the above observation. No costs.

Cad s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar To The Member Secretary Chennai Metropolitan Development Authority No.1, Gandhi Irwin Road Egmore, Chennai 600 008 The Commissioner Corporation of Chennai Ripon Buildings Chennai 600 003 1 cc to Mr.S.Senthil Nathan, Advocate SR 25755 1 cc to Mr.C.Johnson, Advocate, SR 25762 vgi(co) prk11/6 W.P. No.13978 of 2015 https://hcservices.ecourts.gov.in/hcservices/