Mrs.Philomina Vasantha v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.11.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Philomina Vasantha .. Petitioner Vs 1.The Commissioner, Corporation of Chennai, Chennai-600 007.

2.The Executive Engineer, Corporation of Chennai, Zonal Office IV, Tondiarpet, Chennai.

3.P.Jayapal 4.The Tamil Nadu Slum Clearance Board, rep. by its Chairman, No.5, Kamarajar Salai, Chepauk, Chennai-600 005.

.. Respondents (Respondent No.4 impleaded vide order dated 30.8.2019 made in WMP No.21621 of 2019)

Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 1 and 2 to demolish the illegal structures put up by the third respondent in the premises bearing Door No.36(18A), Vinobha Nagar 6th Street, Tondiarpet, Chennai-600 081 by encroaching the Rain Water Caal and consequently direct the respondents 1 and 2 to to take appropriate action as against the third respondent for running a Marriage Hall namely "Nethaji Nagar Vyabarigal Sanga Maaligai" without any license or approval.

For the Petitioner : Mr.R.Rajeshhkumarr For the Respondents : Ms.P.T.Ramadevi Standing Counsel for respondents 1 and 2 : Mr.G.Adithyaraj for respondent No.3 : Mr.S.Prabhu for respondent No.4

ORDER

(Order of the court was made by the Hon'ble Chief Justice) Heard Mr.R.Rajeshhkumarr, learned counsel for the petitioner; Ms.P.T.Ramadevi, learned Standing Counsel for respondents 1 and

2; Mr.G.Adithyaraj, learned counsel for the third respondent; and, Mr.S.Prabhu, learned counsel for the fourth respondent.

2. Learned counsel for the Corporation submits that earlier lock and seal notice was issued to the third respondent. Now on 2.11.2023, de-occupation notice was issued to the third respondent. The learned counsel submits that further action in accordance with law would undertaken.

3. In view of the said statement made by learned counsel for the Corporation, the writ petition is disposed of. There will be no order as to costs. It is open for the third respondent to take further steps in accordance with law.

(S.V.G., CJ.) (D.B.C., J.) 10.11.2023 Index :

Yes/No Yes/No bbr

To 1.The Commissioner, Corporation of Chennai, Chennai-600 007.

2.The Executive Engineer, Corporation of Chennai, Zonal Office IV, Tondiarpet, Chennai.

3.The Chairman, Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai, Chepauk, Chennai-600 005.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.

bbr 10.11.2023