Estate Of Voora Amrudhavalli v. Chennai Metropolitan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.11.2015

CORAM:

THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE DR.JUSTICE P. DEVADASS W.P. No.34783 of 2015 Estate of Voora Amrudhavalli Thayaramma (Ramanuja Koottam) represented by its Trustee K. Srihari No.46, Narayana Mudali Street Sowcarpet Petitioner vs.

Chennai Metropolitan Development Authority represented by its Member Secretary The Chennai Metropolitan Development Authority Enforcement Cell The Vigilance Officer (Building Vigilance Cell) The Chennai Metropolitan Development Authority The Commissioner Chennai 600 003 The Executive Engineer

The Assistant Executive Engineer A. Gunavathy Amir Agarwal Proprietor Sethu Electricals No.31, FF Govindappa Naicken Street Chennai 600 001 Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 1 to 6 to remove the illegal/unauthorised construction of the building consisting of Ground, 1st, 2nd and 3rd floors situated at Old Door No.46, New No.115, Varadha Muthaiappan Street, Sowcarpet, Chennai - 79, comprised in R.S. No.6144, C.C. A3 40, C.S. 5019, measuring to an extent of 2,540 sq. ft. situated within the registration district of Chennai North and subregistration district of Sowcarpet. For petitioner Mr. P.C. Harikumar for M/s. P.C. Harikumar Associates For RR 1-3 Mr. K. Raja Srinivas Standing Counsel For RR 4-6 Mr. A. Nagarajan Standing Counsel

ORDER

(delivered by SATISH K. AGNIHOTRI, J.) Mr. K. Raja Srinivas, learned Standing Counsel, accepts notice for respondents 1 to 3. Mr. A. Nagarajan, learned Standing Counsel, accepts notice for respondents 4 to 6. Notice to respondents 7 and 8 is dispensed with at this stage, inasmuch as no adverse order is passed against them. Thus, with the consent of the learned counsel for the petitioner and the learned Standing Counsel appearing for respondents 1 to 3 and respondents 4 to 6, the writ petition is taken up for final disposal, at the admission stage itself.

By this writ petition invoking extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, the petitioner Trust has sought a direction to

respondents 1 to 6 to remove the illegal and unauthorised construction at Old Door No.46, New No.115, Varadha Muthaiappan Street, Sowcarpet, Chennai 600 079, allegedly put up by the seventh respondent in the property taken on lease from the petitioner Trust and sub-let to the eighth respondent. According to the learned counsel for the petitioner Trust, the seventh respondent is a lessee/tenant under the petitioner Trust and the seventh respondent has put up construction in the land leased out to her and has sub-let the constructed property to the eighth respondent. In respect of the property in question, the petitioner Trust has filed a suit in O.S. No.6057 of 2013 on the file of the IV Assistant City Civil Court, Chennai. In the meantime, the authorities be directed to take action for removal of the alleged unauthorised construction made by the seventh respondent, which is sub-let to the eighth respondent.

Be that as it may, it appears that the endeavour of the petitioner Trust by filing this writ petition seems to be seeking eviction of the eighth respondent, to whom the seventh respondent has sub-let the building, under the garb of removal of the alleged unauthorised illegal construction put up by the seventh respondent. The issue of eviction in respect of the same property is pending consideration in the Civil Court. Thus, after obtaining order from the Civil Court, if the petitioner Trust feels that the construction in question is unauthorised and illegal, it is open to the petitioner Trust to take steps to remove such construction, inasmuch as the petitioner Trust is the owner of the land in question on which the seventh respondent has put up such alleged construction. Resultantly, the writ petition stands dismissed. No costs. Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar cad To The Member Secretary Chennai Metropolitan Development Authority

The Chennai Metropolitan Development Authority Enforcement Cell The Vigilance Officer (Building Vigilance Cell) The Chennai Metropolitan Development Authority The Commissioner Chennai 600 003 The Executive Engineer The Assistant Executive Engineer +1 cc to Mr.K.Raja Srinivas, Advocate, sr.59936 + 1 cc to Mr.P.C.HARIKUMAR & ASSOCIATES, ADVOCATE SR 60010. (5/1/16) W.P. No.34783 of 2015 jsv co kra 18/11/2015