J.Radha Manian, v. The Member Secretary,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.11.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P.No.7714 of 2015 and M.P.Nos.1 and 2 of 2015 J.Radha Manalan .. Petitioner -vs1.The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajan Building, Gandhi Irwin Road, Egmore, Chennai-600 008.

2.The Commissioner, Corporation of Chennai, Chennai.

3.The Sub-Registrar, Manickam Street, Kundrathur, Chennai-600 069.

4.P.Anand 5.P.Sivakumar 6.M/s.Dev Builders, Prop. V.Devakumaram, General Power of Attorney, 25, Pillayar Koil Street, Vadapalani, Chennai-600 026.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the 1st and 2nd respondents to take suitable action under Section 56 and 57 of Town and Country Planning Act, 1971 against the unauthorised development being carried in the stilt floor of the petition schedule premises at Plot Nos.2 7 3, Sarojini Street,

Ramamoorthy Avenue Extension, Mugalivakkam, Chennai-600 125 by or on behalf of 4th to 6th respondents.

For Petitioner :

Mr.T.D.Selvan Babu For Respondents :

Mr.Rajasrinivas for R1 Mr.G.Anantharangan for R2 Mr.R.Vijayakumar Addl. G.P. for R3 Mr.Thanga Vadhana Balakrishnan for R4 to R6

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) The learned counsel appearing for the private respondents 4 to 6 states that there was only stocking of materials in the stilt area and requirement for the same is over and the stilt area has been cleared. However, the learned counsel for the petitioner states that a wall still exists.

2. If any wall or any construction in the stilt area still remains, we grant one month's time to respondent Nos.4 to 6 to remove the same, whereafter, the Corporation will do the needful at the costs of respondent Nos.4 to 6 within a month thereafter on inspection of the site.

3. The writ petition, accordingly, stands disposed of. No costs. Consequently, M.P.Nos.1 and 2 of 2015 are closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajan Building, Gandhi Irwin Road, Egmore, Chennai-600 008.

2.The Commissioner, Corporation of Chennai, Chennai.

3.The Sub-Registrar, Manickam Street, Kundrathur, Chennai-600 069.

+1cc to Mr.G. Anatharangan, Advocate, S.R.No.64115 +1cc to Mr.T.P.Selvanbabu, Advocate, S.R.No.63760 +1cc to Mr. K.Rajashrinivas, Advocate Sr.No.63809 +1cc to the Government Pleader, S.R.No.64127 ppa(CO) md(21/11/2016) W.P.No.7714 of 2015