M.Lakshmipathy v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.02.2015

CORAM

THE HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE and THE HON'BLE MR.JUSTICE M.M.SUNDRESH W.P.No.7344 of 2010 and M.P.No.1 of 2010 M.Lakshmipathy .. Petitioner vs 1.The Commissioner, Ripon Buildings, Park Town, Chennai-600 003.

2.The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajan Buildings, No.1, Gandhi-Irwin Road, Egmore, Chennai-600 008.

3.The Zonal Officer-VIII, No.117, NSK Salai, Kodambakkam, Chennai-600 024.

4.The Madras Boat Club, No.2, 3rd Avenue, Boat Club Road, R.A. Puram, Chennai-28.

.. Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents to demolish the unauthorised illegal building constructed at the 4th respondent club The Madras Boat Club, No.2, 3rd Avenue, Boat Club Road, R.A.Puram, Chennai-28 by taking necessary and suitable action/proceedings.

For Petitioner .. Mr.N.Sreenivasalu For Respondents .. Mr.K.Soundrarajan for R1 & R3 Mr.N.Sampath for R2 Mr.C.Jagadish for R4 * * * * *

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) An Advocate seeks to file Public Interest Litigation against the fourth respondent alleging some unauthorised construction. The stand of fourth respondent is that it is 100 years old, though additional construction has been made and the petitioner is a proxy for the battle, which is going on between voting and non-voting members, which has already been dealt with on the original side.

2. Be that as it may, we find no element of public interest in the present petition and if any unauthorised construction has been made, the respondent authorities are already bound by law to take action.

3. Writ petition is dismissed. No costs. Consequently, M.P.No.1 of 2010 is closed.

Sd/ Asst. Registrar /true copy/ Sub Asst. Registrar bbr To 1.The Commissioner, Ripon Buildings, Park Town, Chennai-600 003.

2.The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajan Buildings, No.1, Gandhi-Irwin Road, Egmore, Chennai-600 008.

3.The Zonal Officer-VIII, No.117, NSK Salai, Kodambakkam, Chennai-600 024.

+ 1 CC to MR.N.SAMPATH, Advocate sr.7267 + 1 CC to Mr.T.V.Krishnamachari, Advocate sr.7208 + 1 CC to Mr.K.Soundrarajan Advocate vide sr.7402 + 1 CC to Mr.N.Sreenivasalu, Advocate vide sr.7373 W.P.No.7344 of 2010 GJ[CO] RR 21/02/2015