Madras High CourtWP/18657/2014dismissed

Subba Reddy Charities v. Member Secretary

2016-12-15Honourable The Chief Justice,Honourable Mr Justice M. Sundar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.12.2016

CORAM

THE HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.SUNDAR W.P.No.18657 of 2014 Subba Reddy Charities rep. by Managing Trustee A.J.Yuvaraj Reddy 15-A, Regency Park Manapakkam Chennai - 600 125.

.. Petitioner Vs.

1. The Member Secretary Chennai Metropolitan Development Authority 1, Gandhi Irwin Road, Egmore, Chennai - 8.

2. The Commissioner Corporation of Chennai Chennai - 3.

3. The Zonal Officer Zone XIII, Dr.Muthulakshmi Road Adyar, Chennai - 20.

4. The Executive Engineer Zone XIII, Dr.Muthulakshmi Road Adyar, Chennai - 20.

5. The Divisional Engineer TNEB, Raj Bhavan Guindy, Chennai - 32.

6. The Tahsildar Mambalam-Guindy Taluk Chennai - 78.

7. R.V.Ragavan

8. R.Narayanan

9. Gopalan 10.Prof.Rajendran Winners Academy Old No.10 New 11/10 Race View Colony, Guindy Chennai - 32.

11.Parthasarathy 12.Prabhu 13.A. Sankarnarayan 14.ATP Venkatachalapathy .. Respondents PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of Mandamus to direct the first respondent to take action against the second respondent to file counter for not taking action over the failure to punish respondents 3 and 4 on deliberate encroachment daringly performed by Raghavan's (seventh respondent) extended family and empire building in the property kept for charity hence it is prayed to direct to remove encroachment on the basis of notification by CMDA No.ES2/11440, dated 20.2.2012 and 24.6.2012 respectively ignored in lackadaisical attitude and in corruption facilitated by dishonest trustees and on the basis of verdict rendered in W.P.No.3223 of 2000 in AIR Bombay 145, dated 28.8.2000.

For Petitioner : No appearance For Respondents : Mr.K.Raja Srinivas for 1st respondent Mr.T.N.Rajagopalan Spl. Government Pleader for respondents 4 and 6 Mr.V.C.Selvasekaran for respondents 2 and 3 No appearance for respondents 5 and 7 to 14

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The writ petition filed for directions against the CMDA/first respondent to take action against the second respondent/ Corporation of Chennai for failing to file counter affidavit in W.P.No.14732 of 2014 would not be maintainable in our view and is accordingly dismissed. No costs. Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar To: