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Madras High CourtWP/24033/2018disposed of

E.Prashanth, v. The Member Secretary,

2023-09-25Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.09.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU E.Prashanth : Petitioner versus 1.The Member Secretary Chennai Metropolitan Development Authority, Chennai.

2.The Commissioner, Corporation of Chennai, Chennai.

3.Sushila Devijain 4.The Secretary, Department of Housing & Urban Development Secretariat, Fort St.George, Chennai 9 : Respondents (R-4 impleaded vide order dated 25.08.2023) Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing respondents 1 and 2 to take all necessary action against the unauthorised construction carried out by the third respondent and to remove the encroachment made by

the third respondent in Door No.142(101), Vepery High Road, Vepery, Chennai and to remove the same within a specific period, on the basis of the representation made by the petitioner on 30.12.2017. For the Petitioner :

Mr.Ma.Gowthaman For Respondent No.1 :

Ms.Veena Suresh For Respondent No.2 :

Mr.Arun Babu Not ready in notice regarding the third respondent

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.Ma.Gowthaman, learned counsel for the petitioner, Ms.Veena Suresh, learned counsel for the first respondent and Mr.Arun Babu, learned counsel for the second respondent.

2. The petitioner alleges unauthorised construction by the third respondent.

3. It is submitted that no appeal is filed by the third respondent with the fourth respondent. Learned counsel for the Corporation

submits that the Corporation would conduct a survey of the property and thereafter, adhering to the provisions of law, take further steps.

4. In view of the said statement, the writ petition stands disposed of. There will be no order as to costs. Consequently, WMP No.27998 of 2018 is closed.

(S.V.G., CJ.) (P.D.A., J.) 25.09.2023 Index : Yes/No : Yes/No tar To 1.The Member Secretary Chennai Metropolitan Development Authority, Chennai.

2.The Commissioner, Corporation of Chennai, Chennai.

3.The Secretary, Department of Housing & Urban Development Secretariat, Fort St.George, Chennai 9

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(tar) 25.09.2023