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Madras High CourtWP/1578/2017dismissed

Mr. C. Ramaiah, v. The Member Secretary,

2017-01-23Honourable The Chief Justice,Honourable Mr Justice M. Sundar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.01.2017 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.SUNDAR W.P.No.1578 of 2017 C.Ramaiah ... Petitioner Vs

1. The Member Secretary, C.M.D.A., Egmore, Chennai-600 008.

2. The Commissioner of Corporation, Chennai Corporation, Ripon Building, Chennai-600 003.

3. The Asst. Commissioner, Enforcement Department,

4. The Executive Officer,

5. Ashok Kumar, Director - Gururaja Building Pvt. Ltd., Door New No.1/17, (Old NO.2), Daley Road, Purasawalkam, Chennai.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondents 1 to 4 to conduct proper enquiry on petitioner's representation dated 24.10.2016 and take necessary action against the respondent No.5 for unauthorised and unapproval constructed building in Survey No.863/1, 863/2 Old Door No.6, Daley Road, Purasawalkam in this writ petition.

For Petitioner :

Mr.P.Murali For Respondents :

Mr.K.Rajasrinivas for R1 Mr.R.Arunmozhi for R2 to R4

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) The subject matter of the property is entangled in a civil suit, which is still pending and thus, we are not inclined to issue any direction in this behalf.

2. We, however, make it clear that this would not preclude the respondent authorities themselves from taking any proceedings, if they find any unauthorised construction.

3. The writ petition is dismissed with the aforesaid observation. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar bbr To

1. The Member Secretary, C.M.D.A., Egmore, Chennai-600 008.

2. The Commissioner of Corporation, Chennai Corporation, Ripon Building, Chennai-600 003.

3. The Asst. Commissioner, Enforcement Department,

4. The Executive Officer, +1cc to Mr.P.Murali, Advocate, S.R.No.4193 +1cc to Mr.K.Raja Shrinivas, Advocate, S.R.No.4423 +1cc to Mr.R.Arunmozhi, Advocate, S.R.No.4186 W.P.No.1578 of 2017 SSK(CO) CA(02/02/2017)