Npl-Asgastya Apartments Owners v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.11.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P. No.32563 of 2015 and M.P.No.1 of 2015 NPL - Asgastya Apartments Owner's Welfare Association, Rep. By its President, Mr.S.Tamilarasan.

.. Petitioner -vs1.The Commissioner, Corporation of Chennai, Ripon Building, Chennai 600 003.

2.The Chief Engineer (City), Corporation of Chennai, Ripon Building, Chennai 600 003.

3.The Area Engineer, Zone IV, Tondiarpet, T.H.Road, Chennai 600 081.

4.The Chairman, Chennai Metropolitan Development Authority, Thalamuthu Natarajan Buildings, Gandhi-Irwin Road, Egmore, Chennai 600 008.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to forbear the respondents from putting up any construction or whatsoever in the footpath and road allotted for the public purpose in Rettai Kuzhi Street leading to T.H.Road and to restore the footpath and road by demolishing the unauthorised and illegal construction put up by the 1st respondent.

For Petitioner :

Mr.V.Manohar For Respondents :

Mr.V.C.Selvasekaran for RR 1 to 3 :

Mr.N.Sampath for R-4

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) The proposal which gave rise to the grievance of the petitioner and resulted in the interim orders is stated to have been dropped, as per instructions received by the learned counsel for the Corporation vide memo dated 07.11.2015, which is taken on record.

2.Learned counsel for the Corporation states that the part construction would be removed and that area would be used for road widening. He further submits that there is a park donated by the petitioner which will be developed and properly maintained.

3.The aforesaid statement is taken on record. 4.Writ petition, accordingly, stands disposed of. No costs. Consequently, M.P.No.1 of 2015 stands closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar sra To 1.The Commissioner, Corporation of Chennai, Ripon Building, Chennai 600 003.

2.The Chief Engineer (City), Corporation of Chennai, Ripon Building, Chennai 600 003.

3.The Area Engineer, Zone IV, Tondiarpet, T.H.Road, Chennai 600 081.

4.The Chairman, Chennai Metropolitan Development Authority, Thalamuthu Natarajan Buildings, Gandhi-Irwin Road, Egmore, Chennai 600 008.

+2cc to Mr.V. Manohar, Advocate, S.R.No.64136 +1cc to Mr.N. Sampath, Advocate, S.R.No.63788 trm(CO) md(24/11/2016) W.P.No.32563 of 2015