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Madras High CourtWP/18046/2021closed

S.Arun v. The Commissioner

2021-09-13Honourable Mr Justice V.Sivagnanam,Honourable Mr Justice K. Kalyanasundaram3 pages

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.18046 of 2021 1.S.Arun 2.Alagunambi.P.

3.A.Anne Jacqulin Ranjitham 4.Diwakar Desigavinayagam 5.Saravanan Jegathesan 6.Mary Josephine Motha 7.Sundar Lakshmanan 8.C.Ponnelan Ranjeeth 9.Vasanth Raghavan .. Petitioners

Versus

1. The Commissioner, Corporation of Chennai, Ripon Building, Raja Muthiah Road, Kannappar Thidal, Periyamet, Chennai - 600 003.

2. The Member Secretary, Chennai Metropolitan Development Authority (CMDA), Thalamuthu Natarajan House, Gandhi Irwi Road, Egmore, Chennai - 600 008.

3. The Executive Engineer, Zone-13, Division 179, Corporation of Chennai, No.115, Dr.Muthulakshmi Salai, Adyar, Chennai - 600 020.

4. Israel Jayakumar, Proprietor of M/s.A.V.N.Constructions, Having Office at Plot No.14, Ponniamman Koil Street, Madipakkam Chennai - 600 091.

.. Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus, to direct the respondents 1 to 3 to take action against the unauthorized construction put up by the fourth respondent in ground floor at AVN Apartments, 5th Main Road, Anna Nagar, Velachery, Chennai - 600 042.

For petitioners : Ms.U.Archana For respondents : Mr.K.Raja Srinivas Standing Counsel for R1 & R3 Mr.P.S.Ganesh Standing Counsel for R2

ORDER

(The Order of the Court was made by K.KALYANASUNDARAM, J) The Writ Petition is heard through video conferencing.

2. Heard Ms.Archana, learned counsel appearing for the petitioner; Mr.K.Raja Srinivas, learned Standing Counsel appearing for the respondents 1 and 3; Mr.P.Ganesh, learned Standing Counsel for the second respondent and perused the materials available on record.

3. The prayer in the Writ Petition is to direct the respondents 1 to 3 to take action against the unauthorized construction put up by the fourth respondent in the ground floor at AVN Apartments, 5th Main Road, Anna Nagar, Velachery, Chennai - 600 042.

4. Mr.Raja Srinivas, learned Standing Counsel for the respondents 1 and 3 would state that based on the representation of the petitioners, lock and seal notice was issued to the fourth respondent on 02.09.2021 and follow up action will be taken in accordance with law.

5. In the light of the statement made by the learned Standing Counsel appearing for the respondents 1 and 3, the present Writ Petition is closed with liberty to the petitioners to file a Writ Petition afresh to ventilate their grievance, if any. There is no order as to costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar r n s To

1. The Commissioner, Corporation of Chennai, Ripon Building, Raja Muthiah Road, Kannappar Thidal, Periyamet, Chennai - 600 003.

2. The Member Secretary, Chennai Metropolitan Development Authority (CMDA), Thalamuthu Natarajan House, Gandhi Irwi Road, Egmore, Chennai - 600 008.

3. The Executive Engineer, Zone-13, Division 179, Corporation of Chennai, No.115, Dr.Muthulakshmi Salai, Adyar, Chennai - 600 020.

+1cc to Ms.U.Archana, Advocate Sr No.46310 +1cc to K.Raja Shrinivas, Advocate Sr No.46983 W.P. No.18046 of 2021 PPA (CO) PR (12/10/2021)