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Madras High CourtWP/25669/2017disposed of

K.Meenakshisundaran, v. The Member Secretary,

2018-01-12Honourable Mr Justice K. Kalyanasundaram4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.01.2018

CORAM:

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM W.P.No.25669 of 2017 and WMP.Nos.27083 & 27084 of 2017

1. K.Meenakshinsundaran

2. Sasikumar .. Petitioners Vs.

1. The Member Secretary, The Chennai Metropolitan Development Authority, Thalamuthu Natarajan Building Chennai - 8.

2. The Director, Town and Country Planning, Panchayappa Trust Buildings, Anna Salai, Chennai - 2.

3. The Commissioner, Ribbon Building, Chennai - 3

4. The Deputy Director, Town and Country Planning, Chengalpattu Region, Kanchipuram District.

5. The Regional Joint Commissioner, Greater Chennai Corporation, Dr.Muthulakshmi Salai, Adayar, Chennai - 600 020.

6. The Assistant Commissioner/ Zonal Officer (Zone 11) Valasaravakkam, Chennai - 600 087.

7. The Executive Engineer, (Zone 11) Valasaravakkam, Chennai 600 087.

8. Varalakshmi Nagar Plot Owners & Residents Welfare Association, Rep.by its President MR.M.Selvaraj, No.44, Varalakshmi Nagar, Maduravoyal, Chennai 600 095.

..Respondents R8- Impleaded as per order dated 30.11.2017 by SVNJ in WMP.No.31866 of 2017 WP.No.25669 of 2017.

PRAYER: Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondents to conduct thorough enquiry with respect to the forged lay out approval in 82/73 or 83/73 of Varalakshmi Nagar, Maduravoyal, Chennai and launch necessary prosecution against the miscreants who forged the lay out with the assistance of the officials by considering the representation dated 25.11.2016.

For Petitioners :

Mr. G.V.Vairam Santhosh For Respondents :

Mr. M.Karthikeyan for R1 Mr. S.Diwakar, Spl.Govt.Pleader for R2 & R4 Mr. T.C.Gopalakrishnan R3, R5, R6 and R7.

Mr. P. Deivendra for R8

ORDER

The petitioner has come forward with the present writ petition seeking for issuance of a writ of mandamus directing the respondents to conduct thorough enquiry with respect to the forged lay out approval in 82/73 or 83/73 of Varalakshmi Nagar, Maduravoyal, Chennai and launch necessary prosecution against the miscreants who forged the lay out with the assistance of the officials by considering the representation dated 25.11.2016.

2. Mr.Deivendra the learned counsel appearing for the 8th respondent submitted that the plan was already approved by the DTP in the year 1973 and at the time of conducting enquiry, he is ready to produce all required documents.

3. Heard Mr.G.V.Vairam Santhosh, learned counsel appearing for the petitioners, Mr.M.Karthikeyan learned counsel appearing for R1, Mr.S.Diwakar, learned Special Government Pleader appearing for R2 & R4, Mr.T.C.Gopalakrishnan learned counsel appearing for R3, R5, R6, & R7 and Mr.P.Deivendra appearing for R8 and perused the records.

4. In the light of the limited prayer sought for in this writ petition, this Court without going into the merits of the claim made by the petitioners directs the fifth respondents to consider the representation of the petitioners and pass appropriate orders on merits and in accordance with law after providing an opportunity of personal hearing to all the necessary parties within a period of twelve weeks from the date of receipt of a copy of this order. Accordingly, the writ petition stands disposed of. No costs. Consequently connected miscellaneous petitions are also closed.

Sd/- Asst.Registrar (CS VI ) /true copy/ Sub Asst. Registrar To

1. The Member Secretary, The Chennai Metropolitan Development Authority, Thalamuthu Natarajan Building Chennai - 8.

2. The Director, Town and Country Planning, Panchayappa Trust Buildings, Anna Salai, Chennai - 2.

3. The Commissioner, Ribbon Building, Chennai - 3

4. The Deputy Director, Town and Country Planning, Chengalpattu Region, Kanchipuram District.

5. The Regional Joint Commissioner, Greater Chennai Corporation, Dr.Muthulakshmi Salai, Adayar, Chennai - 600 020.

6. The Assistant Commissioner/ Zonal Officer (Zone 11) Valasaravakkam, Chennai - 600 087.

7. The Executive Engineer, (Zone 11) Valasaravakkam, Chennai 600 087.

+ 3 cc to M/s.R.Prabakar, Advocate,SR.3047 + 1 cc to M/s.P.Deivendra, Advocate,SR.3025 + 1 cc to Mr. T.C.Gopalakrishnan Advocate,SR.2869 + 1 cc to The Govt.Pleader, SR.3700 W.P.No.25669 of 2017 and WMP.Nos.27083 & 27084 of 2017 nr 18/01/2018