M/S.Saffron Flat Owners v. The Member Secretary,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.08.2019 CORAM :

The Hon'ble Mrs.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE M.DURAISWAMY W.P. No.12373 of 2018 and W.M.P.No.14527 of 2018 M/s.Saffron Flat Owners Association, Rep. By its Secretary, Mr.S.Jai Ganesh.

.. Petitioner -vs1.The Member Secretary, Chief Urban Planning Enforcement, No.1, Gandhi Irwin Road, CMDA, Egmore, Chennai 600 008.

2.The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai 600 003.

3.Zonal Executive Engineer (Zone VI), No.5, Anderson Road, Ayanavaram, Chennai 600 023.

4.M/s.G.R.Housing, Chennai.

5.TANGEDCO, Rep. By Area Engineer, 220-B, Konnur High Road, Ayanavaram, Chennai-23.

(R-5 amended as per order dt.11.8.18 in WMP.20997/2018) .. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the respondents 1 to 3 to remove/demolish the illegal and unauthorised construction put up by the 4th respondent in Door No.6/21, 3rd Cross Street, V.P.Colony, Ayanavaram, Chennai-23.

For Petitioner :

Mr.S.N.Kirubanandam For Respondents :

Mr.S.Thiruvengadam Stdg. Counsel for R-1 :

Mr.A.Nagarajan Stdg. Counsel for RR 2 and 3 :

Mr.Bharat B.Jain for R-4 :

Mr.P.R.Dhilip Kumar Stdg. Counsel for R-5 * * * * *

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) Heard Mr.S.N.Kirubanandam, learned counsel for the petitioner, Mr.S.Thiruvengadam, learned Standing Counsel for respondent no.1, Mr.A.Nagarajan, learned Standing Counsel for respondent nos.2 and 3, Mr.Bharat B.Jain, learned counsel for respondent no.4 and Mr.P.R.Dhilip Kumar, learned Standing Counsel for respondent no.5.

2.The petitioner has prayed that a direction be issued to respondent nos.1 to 3 to demolish the illegal and unauthorised construction put up by the fourth respondent in Door No.6/21, 3rd Cross Street, V.P.Colony, Ayanavaram, Chennai-23. 3.The learned counsel for the first respondent has tendered the counter affidavit of the first respondent, wherein it is stated that the building was inspected by the officials and it was found that there is some unauthorised construction and hence, they have issued lock and seal and demolition notice dated 21.06.2019. It is further stated in the counter affidavit that they will follow up the matter and take necessary action as per law.

In view of the above, no further orders are necessary and the writ petition is, accordingly, disposed of. No costs. Consequently, W.M.P.No.14527 of 2018 is closed. Sd/- Assistant Registrar (CS-VI) //True Copy// Sub Assistant Registrar sra

To 1.The Member Secretary, Chief Urban Planning Enforcement, No.1, Gandhi Irwin Road, CMDA, Egmore, Chennai 600 008.

2.The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai 600 003.

3.The Zonal Executive Engineer (Zone VI), No.5, Anderson Road, Ayanavaram, Chennai 600 023.

4.The Area Engineer, TANGEDCO, 220-B, Konnur High Road, Ayanavaram, Chennai-23.

+1cc to Mr.S.Thiruvengadam Advocate, S.R.No.69975 +1cc to Mr.S.N.Kirubanandam Advocate, S.R.No.70773 MP(CO) CB(20/09/2019) W.P.No.12373 of 2018