P.Vijayalakshmi v. Chennai Metropolitan Development Authority,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.05.2023
CORAM
THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA THE HON'BLE MR.JUSTICE C.SARAVANAN P.Vijayalakshmi ....
Petitioner Vs 1.Chennai Metropolitan Development Authority, Represented by its Member Secretary, 'Thalamuthu-Natarajan Maaligai', No.1, Gandhi Irwin Road, Egmore, Chennai-600 008.
2.The District Collector, Office of Collectorate, Thiruvallur, Thiruvallur District.
3.The Revenue Divisional Officer, Ponneri, Ponneri Taluk, Thiruvallur District.
4.The Tahsildar, Taluk Office, Ponneri Taluk, Thiruvallur District.
5.The Block Development Officer, Office of Sholavaram Union Panchayat, Sholavaram, Ponneri Taluk, Thiruvallur District, Chennai-600 067.
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6.The President, Perungavur Panchayat, Perungavur, Ponneri Taluk, Thiruvallur District.
7.D.Sampathkumar ....
Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 6 to demolish the unauthorized constructions of the 7th respondent at the property situated at Perungavur Village, Ponneri Taluk, Thiruvallur District comprised in Old Survey No.75.
For Petitioner :
Mr.N.Nithianandam For Respondents :
Mr.V.Manoharan Additional Government Pleader -for R2 to R6
O R D E R
A.D.JAGADISH CHANDIRA, J.
C.SARAVANAN, J.
This writ petition is filed for the issuance of a Writ of Mandamus directing the respondents 1 to 6 to demolish the unauthorized constructions of the 7th respondent at the property situated at Perungavur Village, Ponneri Taluk, Thiruvallur District comprised in Old Survey No.75. 2 / 4
2. We find no merits in this Writ Petition as it is a private dispute between the petitioner and the 7th respondent herein. Admittedly, a civil suit in O.S.No.64 of 2014 is pending before the IV Additional Sessions Court Ponneri with respect to the property in question. Therefore, the petitioner has to work out her remedy in the said suit pending before the Civil Court. However, the petitioner is at liberty to make a representation before the statutory authorities to redress her grievance.
3. If such representation is given by the petitioner, the official respondent shall consider the petitioner's representation on merits and in accordance with law and pass appropriate orders thereon. This writ petition is disposed of accordingly. No costs.
(A.D.J.C., J.) (C.S.N.,J.) 04.05.2023 Index : Yes/No Internet : Yes/No Anu Copy to:
1.Chennai Metropolitan Development Authority, Represented by its Member Secretary, 'Thalamuthu-Natarajan Maaligai', No.1, Gandhi Irwin Road, Egmore, Chennai-600 008.
2.The District Collector, 3 / 4
Office of Collectorate, Thiruvallur, Thiruvallur District.
A.D.JAGADISH CHANDIRA, J.
C.SARAVANAN, J.
Anu 3.The Revenue Divisional Officer, Ponneri, Ponneri Taluk, Thiruvallur District.
4.The Tahsildar, Taluk Office, Ponneri Taluk, Thiruvallur District.
5.The Block Development Officer, Office of Sholavaram Union Panchayat, Sholavaram, Ponneri Taluk, Thiruvallur District, Chennai-600 067.
6.The President, Perungavur Panchayat, Perungavur, Ponneri Taluk, Thiruvallur District.
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