M.Thiagarajan, v. The Member Secretary,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.07.2019

CORAM

THE HON'BLE MRS.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.24101 of 2018 M.Thiagarajan .. Petitioner Vs 1 The Member Secretary Chennai Metropolitan Development Authority No.1, Gandhi Irwin Road Chennai - 8.

2 The Commissioner Tambaram Municipality West Tambaram Chennai - 45.

3 S.Dharmaraj .. Respondents PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 1 and 2 to take appropriate action on the petitioner's representation dated 24.07.2018 within a stipulated time. For Petitioner : Mr.Prasanth Nadaraj for M/s.AL.Gandhimathi For Respondents : Mr.Karthick Rajan for 1st respondent Mr.P.Srinivas for 2nd respondent Ms.Udita Joshi for M/s.Paul and Paul for 3rd respondent

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Heard Mr.Prasanth Nadaraj, learned counsel for the petitioner; Mr.Karthick Rajan, learned counsel for the first respondent; Mr.P.Srinivas, learned counsel for the second respondent and Ms.Udita Joshi, learned counsel for the third respondent.

2. The case of the petitioner is that, adjacent to his house, the third respondent has put up construction at No.7/2, Periyar Street, Athi Nagar, East Tambaram, Chennai - 600 059, in violation of the Rules of the Chennai Metropolitan Development Authority and without any proper approved plan and permission.

3. The learned counsel for the second respondent, i.e., the Commissioner, Tambaram Municipality, has tendered an affidavit of the second respondent, wherein it is stated that major part of the said unauthorized structure put up by the third respondent was demolished on 29.9.2014 and, thereafter, the remaining structure was also demolished.

4. The learned counsel for the petitioner stated that the averments in the counter affidavit filed by the second respondent be recorded and the petition be closed. In view of the above, no further orders are required in this petition and the same is, accordingly, closed. No costs. Sd/- Assistant Registrar (CS-V) //True Copy// sasi Sub Assistant Registrar To:

1 The Member Secretary Chennai Metropolitan Development Authority No.1, Gandhi Irwin Road, Chennai - 8.

2 The Commissioner, Tambaram Municipality, West Tambaram, Chennai - 45.

+1 cc to M/s.AL.Gandhimathi, Advocate, S.R.No.65552 +1 cc to M/s.Karthick Rajan, Advocate, S.R.No.66131 +1 cc to M/s.P.Srinivas, Advocate, S.R.No.66094 +1 cc to M/s.Paul & Paul, Advocate, S.R.No.66465 W.P.No.24101 of 2018 NRJK(CO) SSM(26/08/2019)