Vijaya v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.01.2017 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.SUNDAR W.P.No.27955 of 2011 and M.P.Nos.1 and 2 of 2011 Vijaya ... Petitioner -Vs1. The Managing Director, Tamil Nadu Slum Clearance Board, Kamaraj Salai, Chennai 600 005.

2. The Member Secretary, Chennai Metropolitan Development Authority (CMDA), Thalamuthu Natarajan Maligai, Egmore, Chennai 600 008.

3. The Commissioner, Corporation of Chennai, Ripon Buildings, Chennai 600 003.

4. The Junior Engineer, Corporation of Chennai, No.17, Shanmuganar Salai, Gill Nagar, Choolaimedu, Chennai 600 094.

5. Kalamegam

6. Shanthi Kalamegam ... Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct respondents 1 to 4, their men, agents, servants and subordinates to immediately demolish the illegal constructions put up by respondents 5 and 6 and remove their encroachments all in Plot No.337, East Namachivayapuram, Choolaimedu, Chennai 600 094, Nungambakkam Village, Egmore Nungambakkam Taluk, Chennai District and restore the same for public purpose for which it was intended and ear marked.

For Petitioner :

Mr.N.R.Anantha Rama Krishnan For Respondents :

No appearance for RR 1, 5 & 6 :

Mr.N.Sampath for R-2 :

Mr.V.C.Selvasekaran for RR 3 & 4

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) The listing of this matter after almost six years appears to have at last triggered off some action on the part of the respondent Corporation / the third respondent, which has found the illegal construction put up by respondents 5 and 6 on plot No.337, East Namachivayapuram, Choolaimedu, Chennai 94, Nungambakkam Village, Egmore Nungambakkam Taluk, Chennai District and has issued a locking and sealing and demolition notice under Sections 56 and 57 read with 85 of the Tamil Nadu Town and Country Planning Act, 1971, on 28.01.2017 to the fifth and sixth respondents.

2.Learned counsel for the third respondent states that the proceedings shall be concluded within a maximum period of two

(2) months from today.

3.The aforesaid statement is taken on record. The Corporation shall remain bound by the same.

Writ petition, accordingly, stands disposed of. No costs. Consequently, M.P.Nos.1 and 2 of 2011 stand closed. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar sra To

1. The Managing Director, Tamil Nadu Slum Clearance Board, Kamaraj Salai, Chennai 600 005.

2. The Member Secretary, Chennai Metropolitan Development Authority (CMDA), Thalamuthu Natarajan Maligai, Egmore, Chennai 600 008.

3. The Commissioner, Corporation of Chennai, Ripon Buildings, Chennai 600 003.

4. The Junior Engineer, Corporation of Chennai, No.17, Shanmuganar Salai, Gill Nagar, Choolaimedu, Chennai 600 094.

+1cc to Mr.R.Arunmozhi, Advocate, S.R.No.6444 +1cc to Mr.N.Sampath, Advocate, S.R.No.6031 W.P.No.27955 of 2011 NRJK(CO) CA(08/02/2017)