M.Sekar v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.09.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.Nos.12929 & 15570 of 2020 M.Sekar

...Petitioner

-Vs1. The Commissioner, Tambaram Municipality, Tambaram, Chennai - 600 045.

2. The Chennai Metropolitan Development Authority Rep by its Member Secretary, Thalamuthu Natarajan House, No.01, Gandhi Irwin Road, Ansari Estate, Egmore, Chennai, Tamil Nadu - 600 008.

(R2 Cause title amended vide order dated 12.09.2024 made in W.M.P.No.14836 of 2020 in W.P.No.10641 of 2020)

3. S.Sakthivel

4. S.Palanivel

5. S.Murthy

6. S.Shanmugam ... Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 & 2 to consider the representation given by the petitioner on 28.02.2020 to conduct enquiry on the plan approval obtained by the respondents 3 to 6 for the petition schedule property by suppressing the pendency of title suits and to cancel the said plan approval.

For Petitioner : Mr.T.Ramachandran For Respondents For R1 : Mr.P.Srinivas For R2 : Ms.P.Veena Suresh Standing Counsel For R3 to R6 : Mr.R.P.Rajkumar Alagesh

ORDER

This writ petition has been filed for direction directing the respondents 1 & 2 to consider the representation submitted by the petitioner on 28.02.2020, seeking enquiry on the plan approval granted to the respondents 3 to 6, by suppressing the pendency of title suits and to cancel the said plan approval.

2.

Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3.

Admittedly, there is a dispute between the petitioner and the respondents 3 to 6 herein in O.S.Nos.28 of 2008 and 290 of 2015 on the file of the District Court, Chengalpattu, in respect of the subject property. While pending the suits, the representation submitted by the petitioner cannot be considered. However, the petitioner is at liberty to submit fresh representation, subject to the result of the civil suits. 4.

With the above directions, the Writ Petition stands disposed of. Consequently, connected miscellaneous petitions are closed. There shall be no orders as to costs.

12.09.2024 (1⁄2) Index : Yes/No Speaking/Non Speaking order rts

G.K.ILANTHIRAIYAN. J, rts To

1. The Commissioner, Tambaram Municipality, Tambaram, Chennai - 600 045.

2. The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajan House, No.01, Gandhi Irwin Road, Ansari Estate, Egmore, Chennai, Tamil Nadu - 600 008.

W.P.No.10641 of 2020 and W.M.P.Nos.12929 & 15570 of 2020 12.09.2024 (1⁄2)