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Madras High CourtWP/21088/2015disposed of

M.Sarada v. Commissioner Of Corporation

2015-07-14Honourable Mr Justice M. Venugopal,Honourable Mr Justice Satish K. Agnihotri2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.07.2015

CORAM:

THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE M.VENUGOPAL W.P. No. 21088 of 2015 Ms. Sarada Petitioner vs.

1. The Commissioner of Corporation, Corporation of Madras.3.

2. The Chief Metropolitan Development Authority, No.1 Ground Floor, Thalamuthu Natarajan Buildings, Gandhi Erwin Road, Egmore, Chennai.8.

3. Mrs. Valarmathi Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the 1st and 2nd respondents to demolish the unauthorized construction on public road Sivanthi Avenue I Cross Street, Nerkundrum, Chennai. For petitioner : M/s. M.V. Seshamma For respondents :Mr. R. Arunmozhi - R1 Mr. C. Johnson - R2

ORDER

(Order of the Court was made by SATISH K. AGNIHOTRI, J.) With the consent of both parties, this writ petition is taken up for final disposal.

2. This writ petition is filed seeking a direction to the respondents 1 and 2 to demolish the unauthorized construction on public road viz., Sivanthi Avenue I Cross Street, Nerkundrum, Chennai.

3. The dispute in respect of the petition mentioned property in T.S.No. 203/2B, Sivanthi Avenue I Cross Street, Nerkundrum Chennai, . No.203/2B is pending consideration in O.S.No. 140/14 on the file of the Court of District Munsif, Poonamallee. The petitioner herein is the defendant in the said suit and as such, there is no reason to entertain this writ petition at this stage. The petitioner herein is at liberty to approach the Civil Court, where the suit is pending, https://hcservices.ecourts.gov.in/hcservices/

for appropriate relief, if so advised, under the provisions of law.

4. This writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar True Copy Sub Assistant Registrar ra To

1. The Commissioner of Corporation, Corporation of Madras.3.

2. The Chief Metropolitan Development Authority, No.1 Ground Floor, Thalamuthu Natarajan Buildings, Gandhi Erwin Road, Egmore, Chennai.8.

3.The District Munsif Court, Poonamallee 1 cc to Mr.R. Arunmozhi , Advocate Sr.No.35539 1 cc to Mr. C. Johnson , Advocate Sr.No.35523 W.P. No.21088 of 2015 svi(co) pmk.28.7.2015 https://hcservices.ecourts.gov.in/hcservices/