Marina Square Flat Owners v. The Chennai Metropolitan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.02.2017 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.SUNDAR W.P. No.4539 of 2015 Marina Square Flat Owners Association Rep. by its President S.Magudapathy ... Petitioner -Vs1. The Chennai Metropolitan Development Authority, Rep. by its Member Secretary, No.1, Gandhi Irwin Road, Egmore, Chennai-8.

2. The Corporation of Chennai Rep. by its Commissioner, Ripon Buildings, Chennai-3.

3. The Director of School Education, DPI Campus, No.68, College Road, Chennai-6.

4. BSNL Chennai Telephones, Rep. by its General Manger, R.K.Nagar, Mandaveli, Chennai.

5. Ferdous Estates Private Ltd.

Rep. by its Director, M.M.Haneefa.

6. Ferdous Management Consultancy Pvt. Ltd., Rep. by its Director.

7. M.M.Haneefa

8. Ferdous Proprietrix, Zekkis Kids School.

9. B.Yusuf 10.Jerry

11.Fernando 12.S.Ruban Jayasingh 13.Ali Sher 14.B.Thomman 15.Mohammed John 16.Jannath 17.State of Tamil Nadu, Rep. by its Secretary to Govt., Housing and Urban Development Dept., Fort St. George, Chennai.

(RR 9 to 17 impleaded as per orders dated 11.04.2016 in MPs.2 & 3 of 2015) ... Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the 1st respondent to take appropriate action to demolish the existing unauthorized constructions bar further illegal constructions and directing the respondents 2 to 4 to close down the illegal business activities being carried on by the respondents 5 to 8 in the residential complex Marine Square Apartments situated at T.S.Nos.2424 2425 Old Door Nos.26 & 27, New Door Nos.51-53, Santhome High Road, Mylapore, Chennai 600 004. For Petitioner :

Mr.T.Mohan for M/s.Sai Bharath and Ilan For Respondents :

Mr.N.Sampath for R-1 :

Mr.G.Anantha Rangan for R-2 :

Mr.Mr.R.Vijayakumar Additional Government Pleader For RR 3 and 17 :

Mr.S.R.Rajagopal for Mr.B.Jeevan Kumar for RR 5 to 8

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) We see no purpose in continuation of proceedings in this writ petition in view of the orders we have passed in W.P.No.14022 of 2016 as the orders to be passed thereafter can always be assailed. However, in case the necessity so arises for any reason, the petitioner may revive this petition.

Writ petition, accordingly, stands disposed of. No costs. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar sra To

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

2. The Commissioner, Corporation of Chennai Ripon Buildings, Chennai-3.

3. The Director of School Education, DPI Campus, No.68, College Road, Chennai-6.

4. The Secretary to Govt. of Tamil Nadu, Housing and Urban Development Dept., Fort St. George, Chennai.

5. The General Manger, BSNL Chennai Telephones, R.K.Nagar, Mandaveli, Chennai.

+1cc to Mr.N.Sampath, Advocate, S.R.No.6788 +1cc to Mr.B.Jeevan Kumar, Advocate, S.R.No.7167 +2cc's to M/s.Sai Bharath and Ilan, Advocate, S.R.No.7069 W.P.No.4539 of 2015 MG(CO) CA(13/02/2017)