Soundara Pandian v. The Member Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.07.2025 C O R A M THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN Soundara Pandian S/o.Thiru.Mariappan, Flat No.T-3, 4-a, BBCL Vajra Apartments, At No.318, Nolambur Service Road, Nolambur, Chennai-95

...Petitioner

Versus

1.The Member Secretary Chennai Metropolitan Development Authority, Cmda Building Egmore, Chennai600 008

2. Greater Chennai Corporation Rep By The Commissioner, Rippon Buildings, Chennai-600 003

3. Aadi Varahaa Properties LLP Rep. By its Partners, 1.Mamatha Ranjeeth, 2.Anand Vummidi, At New No.49, Old No.24, 4th Floor, College Road, Nungambakkam, Greams Road, Chennai-600 006

4. BBCL VAJRA Partnership Firm, Rep By Its Managing 1/4

Partner M/s.Bharath Building Consruction (India) Pvt Ltd, Rep By its Director, 1.Vummidi Barath, 2.Ananth Vummidi, At No.20, Mylai Renganathan Street, T.Nagar, Chennai-600 017.

.... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution, praying for issuance of a Writ of Mandamus, to direct the 1st respondent to restore the 1st floor (commercial Floor) of the multistoried building known as BBCL VAJRA at No.318, Nolambur Service Road, Nolambur, Maduravoyal, now Chennai District, Chennai-95 as per Planning Permit No.C/PP/MSB-IT A to E/2013 in Letter No.C3(N)/16313/2012 dated 23.12.2013 and Building Permit No.CEBA/WDCN11/00086/204 dated 07.03.2014. For Petitioner(s):

Mr.K.Bhaskar For Respondent(s): Mr. Abdul Kareem for Mr. Akhil Akbar Ali, Standing Counsel for R1 Mr.A.Arshad Khan for Mrs.S. Vanitha Joice Rani, Standing Counsel for Greater Chennai Corporation/R2 M/s. Akhil Bhansali, K.M. Aasim Shehzad, M. Sree Vishwanthini, Niyarah Rafi For R4

O R D E R

(By J.Nisha Banu,J.) 2/4

This Writ Petition has been filed, praying for issuance of a Writ of Mandamus, to direct the 1st respondent to restore the 1st floor (commercial Floor) of the multistoried building known as BBCL VAJRA at No.318, Nolambur Service Road, Nolambur, Maduravoyal, now Chennai District, Chennai-95 as per Planning Permit No.C/PP/MSB-IT A to E/2013 in Letter No.C3(N)/16313/2012 dated 23.12.2013 and Building Permit No.CEBA/WDCN11/00086/204 dated 07.03.2014.

2. On earlier occasion, i.e. 14.07.2024, when this matter is taken up for hearing, the learned counsel for the respondent submitted that with regard to the same cause of action, the petitioner has filed an appeal and it is pending. On hearing this, the learned counsel for the petitioner sought time to verify and report the same. At his instance, the matter was directed to be posted on 15.07.2025.

3. Again when this Writ Petition is taken up on 15.07.2025, the learned counsel for the petitioner without reporting the matter, again sought for adjournment and at his request, the matter was directed to be posted on 24.07.2025.

3/4

J.NISHA BANU, J.

and M.JOTHIRAMAN, J.

Suk

4. Today (24.07.2025) when this Writ Petition is taken up, the learned counsel again sought for adjournment and not ready to argue the matter. Hence the Writ Petition is dismissed for non-prosecution. No costs. (J.N.B.J.,) (M.J.R,J.,) 24.07.2025 Index: Yes / No Internet: Yes / No suk To 1.The Member Secretary Chennai Metropolitan Development Authority, Cmda Building Egmore, Chennai-600 008

2. Greater Chennai Corporation Rep By The Commissioner, Rippon Buildings, Chennai-600 003

3. Aadi Varahaa Properties LLP Rep. By its Partners, 1.Mamatha Ranjeeth, 2.Anand Vummidi, At New No.49, Old No.24, 4th Floor, College Road, Nungambakkam, Greams Road, Chennai-600 006 W.P.No.14053 of 2025 4/4