Mr.A.R.Kannan v. The State Of Tamilnadu, Rep.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.11.2016

CORAM

The HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE R.MAHADEVAN W.P.No.26180 of 2014 A.R.Kannan .. Petitioner vs.

1. The State of Tamilnadu rep. by its Secretary, Housing and Urban Development Dept.

Secretariat, Fort St. George, Chennai-9

2. The Member Secretary Chennai Metropolitan Development Authority (CMDA) No.1, Gandhi Irwin Road, Egmore Chennai-8.

3. The Commissioner Corporation of Chennai Ripon Building Chennai-3.

4. The Commissioner Alandur Municipality Alandur, Chennai-16.

5. VAK Engineering Pvt. Ltd.

Rep. by its Director, Mr.Ravee Raman Malhotra 326/471, M.K.N. Road, Alandur, Chennai-16.

6. Appasamy Real Estates Ltd.

rep. by its Managing Director, Mr.Ravi Appasamy No.3, Mangesh Street, T.Nagar Chennai-17.

.. Respondents

PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing respondents 2 to 4 to inspect the property bearing T.S.No.105 and 138 of Adambakkam Village and initiate enforcement action as per law particularly under Town and Country Planning Act and demolish the unauthorised illegal construction put up in T.S.No.105 of Adambakkam Village by 5th and 6th respondents. For Petitioner : Mr.P.Thiagarajan For Respondents : Mr.T.N.Rajagopalan Special Govt. Pleader for 1st respondent Mr.N.Sampath for 2nd respondent Mr.A.Nagarajan for 3rd respondent Mr.P.Srinivas for 4th respondent

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The petitioner alleged unauthorized construction by respondents 5 and 6, but the learned counsel appearing for CMDA/second respondent states that planning permission has been subsequently granted on 18.3.2015 and completion certificate has been issued on 22.8.2016.

2. In view of the aforesaid, the petition does not survive for consideration and if the petitioner has any other legal remedy available on account of subsequent facts, it is for the petitioner to take recourse to it.

The petition is closed. No costs. Consequently, M.P.No.1 of 2014 is closed.

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

The Secretary State of Tamil Nadu Housing and Urban Development Dept.

Secretariat, Fort St. George, Chennai-9 +1cc to Mr.N. Sampath, Advocate, S.R.No.67818 +1cc to Mr.R. Arunmozhi, Advocate, S.R.No.68269 +1cc to the Government Pleader, S.R.No.68480 pk(CO) md(02/12/2016) W.P.No.26180 of 2014