M/S.Kg.Signature City v. The Member Secretary,

In the High Court of Judicature at Madras Dated : 30.11.2015 Coram :

The Honourable Mr.Justice T.S.SIVAGNANAM Writ Petition No.37931 of 2015 and MP.No.1 of 2015 M/s.KG Signature City Residential Social Welfare Association rep.by its Secretary Mr.T.S.Raghavendran, KG Signature City, Chennai-95.

...Petitioner

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

2.M/s.K.G.Foundations (P) Ltd., rep.by its Managing Director Kishorekumar Gokaldas, Chennai-4.

...Respondents

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the first respondent to initiate action against the second respondent for violations in the OSR area and car parking contrary to the approval granted by the first respondent and for non compliance of certain statutory requirements in the project at KG Signature City, 200 Feet By-pass Road, Maduravoyal, Chennai-95.

For Petitioner : Mr.S.S.Swaminathan For Respondent-1 : Mr.K.Raja Srinivas

ORDER

Mr.K.Raja Srinivas, learned Standing Counsel accepts notice for the first respondent. Heard the learned counsel for the petitioner.

2. The petitioner is an association consisting of apartment owners, who have purchased apartments in a complex promoted by the second respondent herein. The members of the petitioner association have certain grievances in respect of open space reservation area and car parking. According to them, it is contrary to the approval granted by the first respondent. https://hcservices.ecourts.gov.in/hcservices/

3. In my view, the dispute is purely between the petitioner and the second respondent and it is for the petitioner to work out the issues against the second respondent, for which purpose, a Writ of Mandamus cannot be issued.

4. In the course of arguments, the learned counsel for the petitioner admitted that some of the flat owners have already approached the Consumer Forum raising various claims.

5. Therefore, the writ petition is dismissed. No costs. Consequently, the above MP is also dismissed.

6. However, it is open to the petitioner to pursue the copy of the legal notice dated 30.9.2015 sent to the first respondent. Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To The Member Secretary, Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Road, Chennai-8. +1 cc to Mr.K.Raja Shrinivas, Advocate, sr.65063 WP.No.37931 of 2015 and MP.No.1 of 2015 ak co kra 15.12.2015 https://hcservices.ecourts.gov.in/hcservices/