The Federation Of The Catholic v. The Member Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.07.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P. No.32962 of 2013 The Federation of the Catholic Faithful Rep. By its General Secretary, Mr.A.Clement Selvaraj.

.. Petitioner -vs1.The Member Secretary, Chennai Metropolitan Development Authority, Egmore, Chennai 600008.

2.The Commissioner, Chennai Corporation, Rippon Buildings, Chennai 600 003.

3.The Assistant Commissioner, Zone-8, Chennai Corporation, Kodambakkam, Chennai 600 024.

4.Director of School Education, DPI Complex, College Road, Chennai.

5.The Headmistress Loyola Matriculation Higher Sec. School, No.3, UIC, 4th Cross Street, Kodambakkam, Chennai 600 024.

6.Rev.Fr.S.J.Aanthonysamy 7.Rev.Fr.John Britto 8.Rev.Fr.Eucharist .. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the respondent authorities 1 to 4 not to allow any construction upon the Worship area-cum-basketball ground between the Church Wall and the compound

wall on the southern side of the St. Fatima Church at No.3, 4th Cross Street, United India Colony, Kodambakkam, Chennai and to immediately take preventive steps to stop the illegal construction by sixth, seventh and eighth respondents.

For Petitioner :

Mr.P.T.Perumal For Respondents :

Mr.K.Raja Srinivas for R-1 :

Mr.S.Saravanan for RR 2 & 3 :

Mr.T.N.Rajagopalan, Spl.G.P. For R-4 :

M/s.Auxila Peter for RR 6 & 7 :

M/s.M.Simon Jeyakumar/RR 5 & 8 * * * * *

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) Learned counsel appearing for the sixth and seventh respondents states that the building, as a school extension, has already been completed, the construction of which is sought to be prevented by the petitioner by filing the present petition, as it was his allegation that the open area was being used as a basketball court. Learned counsel further states that the subsequent grievance made by the petitioner is that the school building is being used as a marriage hall. She submits that it is not so and that in any case in future the school building will be used only for school purpose and not for any other purpose.

2.The aforesaid statement is taken on record. 3.Writ petition is, accordingly, closed.

No costs.

Consequently, M.P.No.1 of 2013 is also closed. Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar To 1.The Member Secretary, Chennai Metropolitan Development Authority, Egmore, Chennai 600008.

2.The Commissioner, Chennai Corporation, Rippon Buildings, Chennai 600 003.

3.The Assistant Commissioner, Zone-8, Chennai Corporation, Kodambakkam, Chennai 600 024.

4.Director of School Education, DPI Complex, College Road, Chennai.

+1 cc to M/s.S.Saravanan, Advocate,SR.37817 +1 cc to Mr.K.Raja Shrinivas, Advocate,SR.37765 +1 cc to Mr.Auxilia peter,Advocate,SR.37866.

nr(co) krd 20/7 W.P.No.32962 of 2013