D.Samuel Surendran v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.10.2023
CORAM
THE HONOURABLE Mrs. JUSTICE J.NISHA BANU AND THE HONOURABLE Mrs.JUSTICE N.MALA D.Samuel Surendran .... Petitioner vs
1. The Secretary to Government, Government of Tamilnadu, Housing and Urban Development, Secretariat, Chennai - 600 009.
2. The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajan Building, Gandhi Irwin Road, Chennai - 600 008.
3. The Commissioner, Greater Chennai Corporation, Ripon Building, 1st Floor, Raja Muthiah Road, Kannappar Thidal, Periyamet, Chennai, Tamilnadu - 600 003.
4. Chinta Srinivasan
5. I.K.Rajeswari Page 1/7
6. D.Premkumar
7. Premkumar Rajasekaran
8. Rhenius Vijayakumar
9. V.ganapathykumar 10.Jacob Thankamony
11. Karthik Balakrishnan
12. Trupti Sarangi
13. C.R.Drarakanath
14. K.Ravi Kannan
15. P.Raghuraman
16. A.Ramesh
17. V.Mythili
18. R.S.Gunasekaran
19. P.Gandhi
20. P.Gowtham
21. Chinta Bhavani Shankar
22. M.Madhusudhan
23. M.Sathish Kumar
24. S.Saye Balasubramaniam Page 2/7
25. M/s. Vasavi Builders, Plot No.205, Door No.1, 8th Street, Malleswari Nagar, Selaiyur, Chennai - 600 073.
26. Perananda Perumal S/o Govindarajan REddiayar
27. G.Lokesh, S/o J.Govindarajan Reddiayar (R26 & R27 impleaded vide order dated 22.08.2023 by JNBJ & NMJ in WMP.No.20823/2023)
...Respondents
Prayer:
Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents 1 to 3 to initiate action under Tamil Nadu Town and Country Planning Act, 1905 and the Chennai City Municipal Corporation Act, 1919 by immediately acting in furtherance to the lock and seal notice No.05/2016/Dn.200 dated 19.01.2017 and demolish the unauthorised construction of the building. For Petitioner : Mr.Dhanaram Ramachandran For Respondents : Mrs.Maithreye Chandru, Special Government Pleader for R1 Mr.R.Sivakumar, Standing Counsel for R2 Mr.D.B.R.Prabhu Standing Counsel for R3 Mr.G.Gauthamram Vital For R4 to R9, R11 & R12, R14 to R17, R19 to R21 and R23 No appearance for R10, R13,R18, R22 & R24 R25-batta not filed Mr.N.Umapathi for R26 & R27 Page 3/7
ORDER
(Order of the Court was made by J.NISHA BANU, J.,) This Writ Petition has been filed to issue a Writ of Mandamus to direct the respondents 1 to 3 to initiate action under Tamil Nadu Town and Country Planning Act, 1905 and the Chennai City Municipal Corporation Act, 1919 by immediately acting in furtherance to the lock and seal notice No.05/2016/Dn.200 dated 19.01.2017 and demolish the unauthorised construction of the building.
2. Today, when the matter is taken up for hearing, the learned Standing Counsel appearing for the Chennai Corporation/3rd respondent would state that the building in question is now under lock and seal and to settle scores between the parties, they have to approach the appropriate Forum.
3. It is also brought to the notice of this Court that connected proceedings is pending before the National Company Law Tribunal, Chennai in I.A.No.72 of 2022 in C.P.No.568/IB/2017 filed by the Resolution Professional of one M/s. Vasavi Housing Infrastructure Limited.
4. The prayer in the said I.A.No.72/2022, is to direct the 1st respondent (Samuel Surendran)/ petitioner herein to contribute funds for completing the construction of the unfinished apartments and also to compensate the home buyers for the inordinate delay in completion of the Page 4/7
construction and for other reliefs.
5. In the said I.A., it has been stated that though M/s. Vasavi Builders /25th respondent herein is a partnership firm, most of the financial transactions of Vasavi Builders with that of the Home Buyers were exercised in the Account of M/s.Vasavi Housing and Infrastructure Limited. Further, Section 60(3) of Insolvency and Bankruptcy Code 2016 clearly states that any case relating to the Corporate Debtor pending in any Court or Tribunal shall be transferred to the Adjudicating Authority (NCLT Chennai) dealing with the Insolvency Resolution Process or Liquidation Proceedings of such Corporate debtor. In the present case, the connected proceedings are pending before National Company Law Tribunal, therefore, any further action can be settled before NCLT.
6. In view of the above, this Writ Petition stands closed with liberty to the petitioner to approach the appropriate Forum in the manner known to law. No costs.
(J.N.B., J.) (N.M., J.) 05.10.2023 vsi Index : Yes / No Page 5/7
To
1. The Secretary to Government, Government of Tamilnadu, Housing and Urban Development, Secretariat, Chennai - 600 009.
2. The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajan Building, Gandhi Irwin Road, Chennai - 600 008.
3. The Commissioner, Greater Chennai Corporation, Ripon Building, 1st Floor, Raja Muthiah Road, Kannappar Thidal, Periyamet, Chennai, Tamilnadu - 600 003.
Page 6/7
J. NISHA BANU, J.
and N.MALA, J.
vsi 05.10.2023 Page 7/7