Tamil Nadu Pharmaceutical v. Chennai Metropolitan

0IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06.06.2016

CORAM

THE HONOURABLE MR.JUSTICE HALUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.No.17208 of 2016 Tamil Nadu Pharmaceutical Sciences Welfare Trust rep.by its Secretary Mr.N.Sreenivasan Flat No.G-2, Baid Metha Complex No.183, Mount Road Saidapet, Chennai ..

Petitioner -vs1. Chennai Metropolitan Development Authority rep.by its Member Secretary Thalamuthu Natarajan Building No.1, Gandhi Irwin Road Egmore, Chennai 600 008

2. C.L.Baid Mehta Trust rep.by its Trustee, Mr.Harish Metha Old No.62/1, New No.20, Burkit Road T.Nagar, Chennai 600 017 ..

Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the first respondent to consider the representations made by the petitioner vide letter dated 16.12.2015.

For Petitioner ::

Mr.R.Subramanian R. Prasad For Respondents::

Mr.C.Johnson for R1

ORDER

(Order of the Court was delivered by HALUVADI G.RAMESH, J.) Heard the learned counsel for the petitioner and the learned counsel representing the first respondent.

2. It appears that the petitioner had purchased the commercial space in the basement floor from the second respondent in respect of the property situate at No.183, Anna Salai, Saidapet, Chennai through a sale deed dated 22.2.2001, based on the sanction of plan and approval granted to the second respondent on 23.9.92 for construction of three blocks of https://hcservices.ecourts.gov.in/hcservices/

building for residential purposes.

However, the first respondent has initiated action by sealing the premises purchased by the petitioner without hearing the petitioner. Hence the petitioner has sought for a mandamus to the first respondent to dispose of the representation dated 16.12.2015.

3. Be that as it may, before proceeding further, we direct the first respondent to call for remarks and objection, if any, from the second respondent and thereafter decide the representation of the petitioner in accordance with law within two months from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. Consequently, W.M.P.No.14678 of 2016 is closed. No costs.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar ss To The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajan Building No.1, Gandhi Irwin Road Egmore, Chennai 600 008.

+1cc to Mr.C. Johnson, Advocate, S.R.No.29868 +1cc to Mr.R. Subramanian, Advocate, S.R.No.29894 SR(CO) EU(20/06/2016) W.P.No.17208 of 2016 https://hcservices.ecourts.gov.in/hcservices/