Mrs.G.Shenbagavalli v. The Directorate Of Town And

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.09.2015

CORAM:

THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE K.K.SASIDHARAN W.P. No.29379 of 2015 and M.P. No.1 of 2015 Mrs. G. Shenbagavalli ... Petitioner Vs.

1 The Directorate of Town and Country Planning, Opposite to LIC Chengalvarayan Building, Fourth Floor, 807 Anna Salai, Chennai-2 2 The Member Secretary (i/c) Kancheepuram Local Planning Authority, No.22/11 Vaikundaperumal Sannathi Street, Kancheepuram 631 501.

3 The Deputy Director of Town and Country Planning (I/c), Chengalpattu Region, 13 Varadharajar Street, Vedachalam Nagar, Chengalpapttu 603 001.

4 The President Navalur Panchayat, Chengalpattu Taluk , Kancheepuram District.

5 The Member Secretary Mamallapuram Local Planning Authority,

124 G.S.T. Road, Municipality Shopping Complex, Chengalpattu.

6 Vijaya 7 Jayakumar 8 Bharani 9 Nagalakshmi 10 Krishnamurthy 11 Umamageshwaran 12 Mahalakshmi 13 Rathinam 14 Ambika 15 Doss 16 Devaraj 17 Sampath 18 Arumugam 19 M.A.H.Abubackkar 20 Ponnammal 21 P.Gopal 22 P.Krishnan 23 P.Arumugham 24 P.Kannan 25 P.Ravi 26 Mr.S.Saravanan General Manager Operation, M/s.Sai Care India (P) Ltd., NO.13 Ceebros Arcade, 2nd floor, 3rd Cross Street , Kasthuribai Nagar, Adyar, Chennai-20

27 The Managing Director M/s.Sai Care India (P) Ltd. NO.13 Ceebros Arcade (Ambika Appalam Complex) 2nd Floor 3rd Cross Street Kasthuribai Nagar Adyar Chennai-20 28 Mr.S.Balasubramanian 29 Mr.S.Amar Naraya Reddy

...Respondents

Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 1 to 5 to demolish the entire construction made by the respondents 28 and 29 in the land measuring 1.24 acres comprised in survey No.43/1A Navalur Village, Chengalpet Taluk, Kancheepuram District. For petitioner Mr. V. Bhiman for M/s. Sampathkumar & Associates

ORDER

(Order of the Court was delivered by SATISH K. AGNIHOTRI, J.) This writ petition is filed seeking to issue a direction to the respondents 1 to 5 to demolish the entire construction made by the respondents 28 and 29 in the land measuring 1.24 acres comprised in survey No.43/1A Navalur Village, Chengalpet Taluk, Kancheepuram District.

2. Even according to the petitioner, the dispute in respect of the petition mentioned property in S.No.43/1A Navalur Village, Chengalpattu Taluk, Kancheepuram District, is pending consideration in O.S.No. 1693 of 1985 on the file of the XIII Assistant City Civil Court, Chennai.

3. The dispute involved herein is purely of private nature between the petitioner and the respondents 6 to 29 and the same is pending consideration before the competent Civil Court.

4. Be that as it may, it is well settled that the jurisdiction of the High Court under Article 226 of the Constitution of India is not available to the private disputes between the parties. Accordingly, this writ petition stands dismissed. However, it is made clear that this order will not preclude the authorities from making any inspection of the area in question and from taking necessary consequential action, if on inspection, it comes to light

that the alleged construction is illegal, unauthorised and unapproved. No costs. Connected miscellaneous petition is closed. -Sd/- Assistant Registrar(co) //True copy// Sub Assistant Registrar ra To 1 The Directorate of Town and Country Planning, Opposite to LIC Chengalvarayan Building, Fourth Floor, 807 Anna Salai, Chennai-2 2 The Member Secretary (i/c) Kancheepuram Local Planning Authority, No.22/11 Vaikundaperumal Sannathi Street, Kancheepuram 631 501.

3 The Deputy Director of Town and Country Planning (I/c), Chengalpattu Region, 13 Varadharajar Street, Vedachalam Nagar, Chengalpapttu 603 001.

+1 cc to Mr.V.Bhiman,Advocate(sr.51642) +1 cc to The Government Pleader(sr.51555) W.P. No.29379 of 2015 TS(co) cp 08/10/2015