K.Balakrishnan v. Managing Director,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.04.2016

CORAM:

THE HON'BLE MR. JUSTICE SATISH K.AGNIHOTRI and THE HON'BLE MR. JUSTICE V. BHARATHIDASAN W.P. No.16192 of 2016 and W.M.P. No.13972 of 2016 K. Balakrishnan Rema Swaminathan Petitioners vs.

The Managing Director Chennai Metropolitan Development Authority Thalamuthu Natarajan Building No.1, Gandhi Irwin Road Egmore, Chennai - 600 008 The Commissioner Ripon Building Chennai 600 002 The Commissioner of Civil Supplies Ezhilagam, IV Floor, Chetpet Chennai 600 005 The Deputy Commissioner Chennai Central Pulla Avenue, Shenoy Nagar Chennai 600 030 The Executive Engineer Pulla Avenue, Shenoy Nagar Chennai 600 030 Pulla Avenue, Shenoy Nagar Chennai 600 030

Unit 16 Perambur High Road Chennai 600 060 The Assistant Engineer Division - 70 Perambur High Road Chennai 600 060 E. Ravichandran Managing Director EGB Buildings and Architects Private Ltd.

Anupam Arunodaya Apartments Old No.31, New No.65 Sami Pillai Street, Choolai Chennai 600 112 R. Rakesh The President Consumer Cooperative Store Ltd. XNC 623 CFO-013 & CFO - 014 No.97 Perambur High Road Lane Jamaliya Chennai 600 012 Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the fourth, fifth, sixth, seventh and eighth respondents to dispose of the second petitioner's representation dated 05.04.2016 sent to all the respondents and thereby, to issue a direction to the fourth, fifth, sixth, seventh and eighth respondents to disuse the stilt portion illegally constructed by the ninth respondent, owned by the tenth respondent and illegally occupied by the eleventh respondent, who is running the cooperative shop in the stilt area at No.97/100, Perambur High Road Lane, Jamaliya, Chennai 600 012.

For petitioners Mr. David Tyagaraj For R1 Mr. C. Johnson Standing Counsel For RR 2 & 4 to 8 Mr. R. Arunmozhi Standing Counsel

ORDER

(delivered by SATISH K.AGNIHOTRI, J.) Mr. C. Johnson, learned Standing Counsel, accepts notice for the first respondent. Mr. R. Arunmozhi, learned Standing Counsel, accepts notice for respondents 2 and 4 and 8. Notice to the third respondent is dispensed with, at this stage, inasmuch as no order prejudicial to his interest, is passed in this writ petition. Thus, with the consent of the learned counsel for the petitioner and the learned Standing Counsel for the other official respondents, this writ petition is taken up for final disposal, at the admission stage itself. A vignette of facts leading to the filing of this writ petition is that the petitioners are siblings. They entered into a joint venture agreement with E.G.B. Builders and Architect Pvt. Ltd.

, the ninth respondent herein, to promote the property in question which devolved on them from their parents,. The said ninth respondent entered into a joint venture agreement with the petitioners to construct five residential flats and to give them 50% of the undivided share and built up area of 2,602 sq. ft. of super plinth area in the first floor. Accordingly, the ninth respondent got planning permit from the second respondent for construction of stilt plus two floors. While so, the ninth respondent illegally conveyed 300 sq. ft. of undivided share of land to the tenth respondent, who, in turn, let out the said area to the eleventh respondent for running a cooperative shop. The said construction made by the ninth respondent in the stilt area is illegal and unauthorised.

That being the position, the respondents 5 to 8, instead of issuing locking, sealing and demolition notice to the respondents 9, 10 and 11, who have illegally converted the stilt area for commercial use, has issued such notice to the petitioners. Thus, feeling aggrieved, the petitioners made a representation dated 05 September 2015 to the Chief Minister's Cell, in response to which, the fourth respondent replied stating that action would be taken against the occupant of the stilt area. Accordingly, the third respondent intimated the eleventh respondent to shift the ration shop. Yet, the eleventh respondent continues to use the flat illegally constructed in the stilt area. Hence, the second petitioner addressed a representation dated 05 April 2016 to respondents 1 to 7 to demolish the portion constructed illegally in the stilt area.

Finding no response, the petitioners have come up with the instant writ petition seeking a writ of mandamus directing the respondents 4 to 8 to dispose of the representation dated 05 April 2016 and thereby, issue a direction to the said respondents to disuse the stilt portion illegally constructed by the ninth respondent, owned by the tenth respondent and illegally occupied by the eleventh respondent.

Considering the limited scope of the relief sought by the petitioner, without going into the merits of the case, we direct the respondents 4 to 8 to consider and pass appropriate orders on the second petitioner's representation dated 05 April 2016, on its own merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. Needless to state that an opportunity of hearing be afforded to all the parties concerned, before taking any consequential action, if need be.

The writ petition stands disposed of with the above direction and observation. Costs made easy. Connected W.M.P. is closed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar cad To The Managing Director Chennai Metropolitan Development Authority Thalamuthu Natarajan Building No.1, Gandhi Irwin Road Egmore, Chennai - 600 008 The Commissioner Ripon Building, Chennai 600 002 The Commissioner of Civil Supplies Ezhilagam, IV Floor, Chetpet Chennai 600 005 The Deputy Commissioner Chennai Central Pulla Avenue, Shenoy Nagar Chennai 600 030 The Executive Engineer Pulla Avenue, Shenoy Nagar Chennai 600 030

Pulla Avenue, Shenoy Nagar, Chennai 600 030 Unit 16, Perambur High Road, Chennai 600 060 The Assistant Engineer Division - 70 Perambur High Road Chennai 600 060 +1cc to Mr.David Thygaraj, Advocate, S.R.No.26777 +1cc to Mr.R. Arunmozhi, Advocate, S.R.No.26894 +1cc to Mr.C. Johnson, Advocate S.R.No.87056 (CO)GJ-II EU(17/05/2016) W.P. No.16192 of 2016