Madras High CourtWP/19224/2018disposed of

E.Palani, v. The Principal Secretary To

2019-04-01Honourable The Chief Justice,Honourable Mr Justice M.Duraiswamy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.04.2019

CORAM

THE HON'BLE MRS.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.19224 of 2018 E.Palani .. Petitioner Vs 1 The Principal Secretary to Government Municipal Administration & Welfare Department Fort St. George Chennai - 600 009.

2 The Member Secretary Chennai Metropolitan Development Authority No.1, Gandhi Irwin Road Thalamuthu Nadar Maligai Egmore, Chennai-600 003.

3 The Collector Chennai District Chennai - 600 001.

4 The Commissioner Greater Chennai Corporation Rippon Buildings Chennai - 600 003.

5 The Regional Deputy Commissioner Greater Chennai Corporation, Zone-V Basin Bridge Road Chennai-600 021.

6 The Tahsildar Tondiarpet Taluk 7 The Sub-Registrar Royapuram Chennai - 600 013.

8 The Zonal Officer Greater Chennai Corporation Zone-IV Tondiarpet, Thiruvotriyur High Road 9 The Executive Engineer Greater Chennai Corporation Zone-IV Tondiarpet, Thiruvotriyur High Road 10 The Revenue Officer, Zone-4 Tondiarpet, Thiruvotriyur High Road 11 The Revenue Inspector Tahsildar Office, Tondiarpet Taluk Tondiarpet 12 The Junior Engiener Tamilnadu Electricity Board-TANGEDCO (North) R.K.Nagar, Appasamy Street Old Washermenpet, Chennai - 600 021.

13 The Junior Engineer Ward-47, Water Supply and Sewarage Board J.J.Nagar, Korukkupettai 14 Hemavathy .. Respondents PRAYER:

Petition under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the respondents, in particular the respondents 2 and 4 herein to initiate action on the petitioner's representation dated 22.02.2018 for demolition of the building situated at No.42/02 Muniappa Mudali Street Corner (Junction), Dharmaraja Koil Street, Chennai - 600 021 in accordance with law.

For Petitioner :

Mr.E.Palani Party-in-person

For Respondents :

Mr.V.Jayaprakash Narayanan Government Pleader (i/c.) for respondents 1,3,6,7 and Mr.Karthik Rajan for 2nd respondent Mr.R.Arunmozhi for respondents 4, 5, 8, 9 and Mr.K.Seetharam for 14th respondent No appearance for respondents 12 and 13

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) Heard Mr.E.Palani, petitioner appearing in person; Mr.V.Jayaprakash Narayanan, learned Government Pleader (i/c.) appearing for respondents 1, 3, 6, 7 and 11; Mr.Karthik Rajan, learned counsel for the second respondent; Mr.R.Arunmozhi, learned counsel for respondents 4, 5, 8, 9 and 10; and Mr.K.Seetharam, learned counsel for the fourteenth respondent.

2. The petitioner is seeking directions to respondents 2 and 4 to initiate action on the petitioner's representation dated 22.2.2018 for demolition of the building situated at No.42/02 Muniappa Mudali Street Corner (Junction), Dharmaraja Koil Street, Chennai - 600 021, in accordance with law. According to the petitioner, the structure is put up by the fourteenth respondent and it is unauthorised.

3. The learned counsel for the respondent Corporation has tendered his affidavit, wherein it is stated that the Tahsildar, Tondiarpet Taluk has sent a reply enclosing the extract from the Town Survey Land Register stating that the land at Block No.34, Survey No.1909/Part has been classified as Ryotwari in adangal and mentioned as Corporation private land. It is further stated that action has been initiated against the fourteenth respondent by issuing a notice dated 28.3.2018 under Section 220 read with Section 222 of the Chennai City Municipal Corporation Act IV of 1919. It is further stated that on receipt of the said notice, the fourteenth respondent has sent a reply duly enclosing an order dated 21.8.2012 passed in O.S.No.330 of 2011 granting permanent injunction against the Area Engineer, Metropolitan

Water Supply Department, the relevant portion of which reads as under:

"... that the defendants or their men or anybody else through them be and are hereby restrained by granting permanent injunction from interfering or disturbing plaintiff's peaceful possession and enjoyment of the suit property without due process of law..."

4. It is stated that further action against the fourteenth respondent will be taken after receipt of reply from the Sub Registrar, Royapuram.

5. Thus, it is seen that the authorities are taking action in relation to the structure put up by the fourteenth respondent.

6. In view of the above, no further orders are necessary at this stage. The writ petition is disposed of accordingly. No costs. Consequently, W.M.P.No.22621 of 2018 is closed. Sd/- Assistant Registrar(I Cell) //True Copy// Sub Assistant Registrar sasi To:

1 The Principal Secretary to Government Municipal Administration & Welfare Department Fort St. George Chennai - 600 009.

2 The Member Secretary Chennai Metropolitan Development Authority No.1, Gandhi Irwin Road Thalamuthu Nadar Maligai Egmore, Chennai-600 003.

3 The Collector Chennai District, Chennai - 600 001.

4 The Commissioner Greater Chennai Corporation Rippon Buildings Chennai - 600 003.

5 The Regional Deputy Commissioner Greater Chennai Corporation, Zone-V Basin Bridge Road Chennai-600 021.

6 The Tahsildar Tondiarpet Taluk, Chennai - 600 021.

7 The Sub-Registrar Royapuram Chennai - 600 013.

13 The Junior Engineer Ward-47, Water Supply and Sewarage Board J.J.Nagar, Korukkupettai +1cc to Mr.K.Seetharam, Advocate, S.R.No.31900 +1cc to Mr.Karthik Rajan, Advocate, S.R.No.31987 +1cc to the Government Pleader, S.R.No.31303 +1cc to Mr.E.Palani, Party in person sr.30938(09/7/2019) W.P.No.19224 of 2018 VBA(CO) CS/25/04/2019