E.Padmini v. The Vice Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 13.09.2021
CORAM:
THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR. JUSTICE V.SIVAGNANAM W.P. No.19111 of 2021 E.Padmini .. Petitioner
Versus
1.The Vice Chairman, Principal Secretary to Government of Tamilnadu and Housing Urban Development Department, Secretariat, Fort St. George, Chennai 600 009.
2.Member Secretary, CMDA, Thalamuthu Natarajan Maligai, No.1, Gandhi Irwin Road, Egmore, Chennai 600 008.
3.The Chief Executive Officer, CMDA, Thalamuthu Natarajan Maligai, No.1, Gandhi Irwin Road, Egmore, Chennai 600 008.
4.The Commissioner, Rippon Building, Raja Muthiya Road, Periyamet, Chennai 600 003.
5.The Assistant Executive Engineer, (Unit33), Rippon Building, Chennai 600 003.
6.The Zonal Officer, Zonal Office XI, 33, Arcot Road, Valasaravakkam, Chennai 600 087.
7. P.Sridhar
8. P.Suresh
9. P.Madan @ Madhan Kumar .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus directing the 4th respondent herein to consider and pass necessary order on the representation dated 22.04.2021 to dispose the representation made by the petitioner to take necessary and immediate action against 1) P.Sridhar, 2) P.Suresh, 3) P.Madan @ Madan Kumar, residing at No.5, Nethaji Avenue Main Road, Thiruvallur Salai, Nerkundram, Ward No.145, Valasaravakkam, Zone XI, Chennai 600107 for constructing residential building without following the procedure of CMDA as well as Greater Chennai Corporation and to issue suitable direction to the officers concerned to seal premises without further delay.
For petitioner :
Mr.L.Muthusamy For respondents for R1 :
Mr.C.Jayaprakash, Govt. Counsel for RR2 & 3 :
Mr.P.S.Ganesh, Standing Counsel for RR4 to 6 :
Mr.K.Raja Srinivas, Standing Counsel
ORDER
(The Order of the Court was made by K.KALYANASUNDARAM, J) The Writ Petition is heard through video conferencing.
2. The petitioner has come forward with this Writ Petition, seeking a direction to the fourth respondent to consider his representation dated 22.04.2021 and take necessary action against the respondents 7 to 9.
3. Mr.L.Muthusamy, learned counsel for the petitioner would state that the petitioner's daughter made a complaint against the respondents 7 to 9 to stop illegal construction put up by them. Though the Chennai Corporation issued a notice, they did not stop the construction. Hence, the above petition.
4. Mr.Raja Srinivas, learned Standing Counsel appearing for the respondents 4 to 6 would state that based on the representation of the petitioner, the fourth respondent already issued a lock and seal notice and today, they are issuing deoccupation notice to the respondents 7 to 9.
5. In the light of the above submissions of the learned Standing Counsel appearing for the respondents 4 to 6, we are of the considered opinion that the prayer sought for in the Writ Petition has become infructuous. Accordingly, the Writ petition is closed. No costs.
Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar pvs To 1.The Vice Chairman, Principal Secretary to Government of Tamilnadu and Housing Urban Development Department, Secretariat, Fort St. George, Chennai 600 009.
2.The Member Secretary, CMDA, Thalamuthu Natarajan Maligai, No.1, Gandhi Irwin Road, Egmore, Chennai 600 008.
3.The Chief Executive Officer, CMDA, Thalamuthu Natarajan Maligai, No.1, Gandhi Irwin Road, Egmore, Chennai 600 008.
4.The Commissioner, Rippon Building, Raja Muthiya Road, Periyamet, Chennai 600 003.
5.The Assistant Executive Engineer, (Unit33), Rippon Building, Chennai 600 003.
6.The Zonal Officer, Zonal Office XI, 33, Arcot Road, Valasaravakkam, Chennai 600 087.
+1cc to Mr.K.Raja Srinivas, Sr No.46981 +2ccs to Mr.L.Muthusamy, Sr No.46603 +1cc to the Government Pleader Sr No.46519 W.P. No.19111 of 2021 PVS (CO) PR (01/10/2021)