Dr.Benny Benjamin v. The Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.04.2015
CORAM
THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE M.VENUGOPAL W.P.No. 6916 of 2015 Dr. Benny Benjamin .. Petitioner Vs.
1. The Commissioner, Ripon Building, Chennai 600 003.
2. The Executive Engineer, Zone-XIII (Adyar), 118 Dr. Muthulakshmi Salai, Adyar, Chennai 600 020.
3. The Member Secretary, Chennai Metropolitan Development Authority, 1 Gandhi Irwin Road, Egmore, Chennai 600 008.
4. The Secretary, Housing & Urban Development, Govt. of Tamil Nadu, Secretariat, Chennai 600 009.
5. Mr. B. Jacob .. Respondents This writ petition is filed under Article 226 of the Constitution of India praying for the issue of a writ of Mandamus directing i) the 1st and 2nd respondents to take concrete action on petitioner Complaint dated 23.5.2013 ii) the 1st and 2nd respondents to implement the orders of the 3rd respondent Letter dated 5.6.2013 which clearly called for Enforcement Action on the illegal construction iii) the 1st and 2nd respondents to implement their own Lock and Seal Notice dated 27.11.2013 to the 5th respondent iv) the 1st 2nd 3rd and 4th respondents to expeditiously clear any pending impediments that may be delaying necessary enforcement action against the 5th respondent.
For Petitioner : Mr. Sanjay Pinto For Respondents : Mr. G. Anantharangan - R1 & R2 Mr.K. Raja Srinivas - R3 Mr. P.S.Sivashanmugasundaram Spl. Govt. Pleader - R4 Mr. P. Kannan Babu - R5
ORDER
(Order of the Court was made by SATISH K. AGNIHOTRI, J.) This writ petition is filed to direct the 1st and 2nd respondents to take concrete action on petitioner's Complaint dated 23.5.2013 and to implement the orders of the 3rd respondent Letter dated 5.6.2013, which clearly called for Enforcement Action on the illegal construction and further to implement the Lock and Seal Notice dated 27.11.2013 issued to the 5th respondent and also direct the respondents 1 to 4 to expeditiously clear any pending impediments that may be delaying necessary enforcement action against the 5th respondent.
2. Learned Special Government Pleader appearing for the fourth respondent submits that the appeal filed by the petitioner has been disposed of vide letter No.1559/UD-VI(1)/2014, dated 16.4.2015.
3. In view of the order dated 16.4.2015 passed by the fourth respondent/ appellate authority in respect of the property in question, nothing survives for adjudication in this writ petition. Thus, the writ petition stands disposed of accordingly. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ra To
1. The Commissioner, Ripon Building, Chennai 600 003.
2. The Executive Engineer, Zone-XIII (Adyar), 118 Dr. Muthulakshmi Salai, Adyar, Chennai 600 020.
3. The Member Secretary, Chennai Metropolitan Development Authority, 1 Gandhi Irwin Road, Egmore, Chennai 600 008.
4. The Secretary, Housing & Urban Development, Govt. of Tamil Nadu, Secretariat, Chennai 600 009.
1 cc to Mr.K. Raja Srinivas ,Advocate, SR.No.21398 1 cc to Mr.P. Kannan Babu ,Advocate, SR.No.21269 1 cc to Mr. G. Anantharangan,Advocate, SR.No.21218 1 cc to Government Pleader,Sr.No.21509 W.P.No. 6916 of 2015 RSK(CO) PMK..7.5.2015