M.Mohan, v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.06.2016
CORAM
THE HONOURABLE MR.JUSTICE HALUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.No.18757 of 2016 M.Mohan ..
Petitioner -vs1. The Commissioner Corporation of Chennai Rippon Building Chennai 600 003
2. The Chief Engineer Corporation of Chennai Zone III Division-7 Madhavaram Chennai 600 051
3. The Assistant Engineer cum Zonal Officer Corporation of Chennai Zone III Division-7, Ward 28 Madhavaram, Chennai 600 051
4. Mr.Chandrasekar
5. Executive Engineer Tamil Nadu Electricity Board TANGEDCO (O & M) Madhavaram Chennai 600 051
6. The Assistant Engineer Tamil Nadu Electricity Board No.3, Muthumari Amman Koil Street M.G.R.Nagar, Manali, Chennai-68
7. M.Murugan
8. P.Janardhanan
9. E.Gowri ..
Respondents
Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents 1 to 3 to demolish the illegal construction put up by the respondents 7 to 9 at No.20B, Moolachathiram Main Road, Moolachathiram, Madhavaram Milk Colony, Chennai 600 051 in Survey No.103/1B, 103/2A and 104/2A2 and consequently direct the respondents 5 & 6 to disconnect electricity service connection given to the petition property mentioned above in the name of respondents 7 to 9.
For Petitioner ::
Mr.M.Kalyanasundaram Senior Counsel for Mr.N.Dharanikumar For Respondents::
Mr.Arunmozhi Standing Counsel for R1 to R3
ORDER
(Order of the Court was delivered by HALUVADI G.RAMESH, J.) The petitioner seeks for issuance of a writ of mandamus, directing the respondents 1 to 3 to demolish the illegal construction put up by the respondents 7 to 9 at No.20B, Moolachathiram Main Road, Moolachathiram, Madhavaram Milk Colony, Chennai 600 051 in Survey No.103/1B, 103/2A and 104/2A2 and consequently direct the respondents 5 & 6 to disconnect the electricity service connection given to the petition property mentioned above in the name of respondents 7 to 9.
2. After hearing the learned senior counsel for the petitioner for sometime, he sought to withdraw the writ petition with liberty to the petitioner to file a suit before the appropriate civil Court asserting his right and title over the property and also seeking for appropriate remedy of injunction, etc.
3. In view of the said submission, the writ petition is dismissed as withdrawn with the liberty as sought for. However, it is for the petitioner to give a representation to the local authority/Corporation not to permit the respondents 7 to 9 to put up further construction and to take action in accordance with law against them for having proceeded to put up the construction without there being a sanctioned plan and further he can make a representation to the Electricity Board (TANGEDCO) not to extend the electricity connection to the petition property, which would be considered by the
respondents/authorities in accordance with law. Consequently, W.M.P.No.16372 of 2016 is also dismissed. No costs. -s/d- Assistant Registrar(CSVI) True Copy Sub-Assistant Registrar ss To
1. The Commissioner Corporation of Chennai Rippon Building Chennai 600 003
2. The Chief Engineer Corporation of Chennai Zone III Division-7 Madhavaram Chennai 600 051
3. The Assistant Engineer cum Zonal Officer Corporation of Chennai Zone III Division-7, Ward 28 Madhavaram Chennai 600 051
4. The Executive Engineer Tamil Nadu Electricity Board TANGEDCO (O & M) Madhavaram Chennai 600 051
5. The Assistant Engineer Tamil Nadu Electricity Board No.3, Muthumari Amman Koil Street M.G.R.Nagar, Manali, Chennai 600 068 +1 cc to M/s.R.Arunmozhi Advocate sr.29578 W.P.No.18757 of 2016 aa14/06/2016