Mr. R.Ashok Kumar v. Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.01.2016
CORAM
THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE K.K.SASIDHARAN W.P. No.40976 of 2015 and M.P.Nos.1 and 2 of 2015 1.R.Ashok Kumar 2.A.Shoba Devci Kothari 3.Praveen Kumar Devda 4.Mamta 5.S.Sohan Raj Achha 6.Padma Achha 7.Ashok Kumar Kothari 8.Shakunthala Kothari ..
Petitioners Vs.
1.Government of Tamil Nadu rep. by its Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai - 9.
2.Chennai Metropolitan Development Authority rep. by its Member Secretary, No.1, Gandhi Irwin Road, Egmore, Chennai - 8.
..
Respondents Petition filed under Article 226 of The Constitution of India praying for the issuance of a writ of mandamus directing the respondents to consider and pass order in accordance with law on the petitioner's representation dated 19.12.2015 for desealing and removal of the lock and seal affixed on 18.12.2015 by the second respondent to their premises in first and second floor at Old Door No.45, New Door No.99, Samy Pillai Street, Choolai, Chennai - 112, connecting of four dwelling units as per the sanctioned plan accorded by the Corporation of Chennai and also for restoration of water supply and sewerage and electricity connections for the same and to reseal the unauthorised portion of the above said flats from third floor and above.
For Petitioners .. Mr.L.Chandrakumar for Mr.E.Martin Jayakumar For Respondents .. Mr.N.Sakthivel, Govt. Advocate for R1 Mr.K.Raja Srinivas for R2
ORDER
(Order of the Court was made by SATISH K.AGNIHOTRI, J.) With the consent of the learned counsel for the parties, the writ petition is taken up for final disposal. 2.The instant writ petition is filed, seeking a direction to the respondents to consider the petitioner's representation dated 19 December 2015 for de sealing and removal of the lock and seal affixed on 18 December 2015 by the second respondent to their premises in first and second floor at Old Door No.45, New Door No.99, Samy Pillai Street, Choolai, Chennai - 112, connecting of four dwelling units as per the sanctioned plan accorded by the Corporation of Chennai and pass orders in accordance with law and also for restoration of water supply, sewerage and electricity connections for the same and to reseal the unauthorised portion of the above said flats from third floor and above.
3.The dispute in respect of the property in question came up for consideration in W.P.No.6741 of 2011, which was disposed of on 21 September 2015 directing the Member Secretary, Chennai Metropolitan Development Authority and the Commissioner, Corporation of Chennai to implement the decision communicated by notices dated 14 May 2010 and 21 November 2010 and report compliance to the Registrar General of this Court within a period of seven days from the date of that order. Thus, we are not inclined to pass any order in this writ petition. 4.With the above observation, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed.
5.The Member Secretary, Chennai Metropolitan Development Authority and Commissioner, Corporation of Chennai are directed to file compliance report of the order dated 21 September 2015 passed in W.P.No.6741 of 2011, on or before 03 February 2016.
6.List the matter on 04 February 2016 for reporting compliance.
Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar mmi To 1.The Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai - 9.
2.The Member Secretary, Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Road, Egmore, Chennai - 8.
3. The Member Secretary, Chennai Metropolitan Development Authority and Commissioner, Corporation of Chennai 1 cc to Mr.E. Martin Jeyakumar, Advocate, Sr. 5178 1 cc to Government Pleader, Sr. 5099 1 cc to Mr.K. Raja Srinivas, Advocate, sr. 4381[5/5/16] W.P.No.40976 of 2015 AD (CO) kk 3/2