M/S.Nortels Service Apartments v. The Member Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.03.2017
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR.JUSTICE M.SUNDAR W.P.No. 15520 of 2017 M/s.Nortels Service Apartment Pvt.Ltd., rep.by its Director, Mr.A.Murugappan Rajiv Gandhi Salai, [OMR] Kandanchavadi Chennai 600096. .. Petitioner Vs
1. The Member Secretary Chennai Metropolitan Development Authority Gandhi Irwin Road, Egmore Chennai- 600 008.
2. The Commissioner Greater Corporation of Chennai Rippon Buildings Chennai - 600 003.
3. Mr.S.A.Jhan Mohammed .... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India for a writ of Mandamus, directing the first respondent to forthwith consider the representation of the petitioner dated 25.05.2016 and take action in accordance with law.
For Petitioner : Mr.S.Ramesh For Respondents : Mr.C.Johnson for R1 Mr.R.Arunmozhi for R2
ORDER
[Order of the Court was made by M.SUNDAR, J] The Writ Petitioner before us and the third respondent are in occupation of the Apartments in the same building.
2.
It is the case of the Writ Petitioner that the third respondent has completely covered the stilt car park, by putting up constructions therein and has also put up construction in the open car park. It is the further allegation of the writ petitioner that the third respondent who has so put up the construction in the stilt covered car park as well as in the open car park, is running a medical dispensary there. It is also averred / alleged that owing to medical dispensary being run, certain medical waste is being generated and disposed of in the compound, causing hygeine and health issues. 3.
The crux of the complaint of the writ petitioner is unauthorised construction, occupation and carrying on a commercial activity in common area which is to be enjoyed in common by all the Flat owners.
4.
The Writ petitioner would submit that they have sent a representation dated 25.05.2016 to respondents 1 and 2. Postal receipts and postal acknowledgements have also been filed. 5.
Mr.C.Johnson, learned standing counsel accepts notice on behalf of the 1st respondent and Mr.R.Arunmozhi, learned counsel accepts notice on behalf of the 2nd respondent. 6.
Both the learned standing counsel for the respondents 1 and 2 state that they will take action in this regard, in accordance with law, after putting all concerned on notice, particularly, respondent No.3 before us. 7.
Though the prayer in the writ petition is only for a mandamus to consider and pass orders on the above said representation dated 25.05.2016, considering the nature of the complaint particularly, in terms of construction in common area and carrying on commercial activity of running a medical dispensary therein, causing health and hygiene hazards, we deem it a fit case to direct respondents 1 and 2 to cause a local inspection to be made within a fortnight from the date of receipt of a copy of this order and if any unauthorised construction and / or unauthorised use is found as alleged or in any other manner, appropriate action in accordance with law, shall be initiated, after putting all concerned on notice,
particularly the 3rd respondent (private respondent) before us and after affording an opportunity to the third respondent. Post inspection, if such proceedings are warranted, the same shall be concluded within a period of two months thereafter. It is also made clear that orders passed post inspection, shall be communicated both to the writ petitioner as well as to the 3rd respondent herein.
8.
The writ petition is disposed of with the above directions. No costs. Consequently, the connected miscellaneous petition is closed.
9.
Post the writ petition on 01.09.2017 for "Reporting Compliance."
Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar AP To
1. The Member Secretary Chennai Metropolitan Development Authority Gandhi Irwin Road, Egmore Chennai- 600 008.
2. The Commissioner Greater Corporation of Chennai Rippon Buildings Chennai - 600 003.
+1cc to Mr.C.Johnson, Advocate, S.R.No.44398 +1cc to Mr.S.Ramesh, Advocate, S.R.No.44608 +1cc to Mr.R.Arunmozhi, Advocate, S.R.No.44162 W.P.No. 15520/2017 CS/12/07/17