K.Suyambukani v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.08.2016
CORAM
THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.No.33962 of 2013 & MP.Nos.1&2 of 2013 K.Suyambukani Proprietrix Hotel Kurunchi Nos.20 and 21, Cuddapa Rangaiah Street Periamet, Chennai 600 003 ..
Petitioner -vs1. The State of Tamil Nadu rep by its Secretary Housing and Urban Development (UD1) Department Fort St.George Chennai 600 009
2. The Member Secretary Chennai Metropolitan Development Authority No.1, Gandhi Irwin Road Thalamuthu Natarajan Building Egmore, Chennai 600 008
3. The Commissioner Corporation of Chennai Rippon Buildings Chennai 600 003 (R3 impleaded vide order dated 12.7.2016 made in WMP No.20395 of 2016 in WP No.33962 of 2013) ..
Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order of the first respondent G.O.(3D) No.26, Housing and Urban Development (UD1) Department dated 01.04.2013 and quash the same and consequently direct the first respondent to consider the approval of the Regularisation Application No.1870/1999 dated 28.05.1999 after giving adequate opportunity to the petitioner.
For Petitioner ::
Mr.C.Ravichandran For Respondents::
Mr.P.S.Sivashanmugasundaram Special Government Pleader for R1 Mr.K.Raja Shrinivas for R2 Mr.A.Nagarajan for R3
ORDER
(Order of the Court was delivered by HULUVADI G.RAMESH, J.) Heard the learned counsel for the petitioner, learned Special Government Pleader for the first respondent/Government, learned standing counsel for the second respondent/CMDA and the learned standing counsel for the third respondent/Corporation.
2. Since the petitioner has not produced the relevant documents to substantiate her claim in regard to the various queries raised by the second respondent/CMDA for the unauthorised construction of Ground + Five Floors (Block A & B) Hotel cum Lodge Building at Door Nos.20 & 21, Cuddappa Rangaiah Street in R.S.No.562/2 and 566, Block No.13 of Vepery Village, Chennnai before this Court for our satisfaction, it is left open to the petitioner to re-agitate the issue before the respondents on production of the relevant records. However, we are not agreeable with the request made by the learned counsel for the petitioner to show some leniency in the matter as, according to the learned counsel for the petitioner, originally the amount was demanded exorbitantly and later on it was reduced to an amount of Rs.65 lakhs or so.
Even then, there is no proof evidencing the said payment. Rather the learned counsel for the petitioner seeks for summoning of records available with the respondent-CMDA. But the petitioner has not produced any iota of evidence to make out a prima facie case to help out from the situation. In these circumstances, we are not inclined to entertain the writ petition. Accordingly, the writ petition is dismissed. To reiterate once again, the petitioner can very well approach this Court, if she has got any genuine document to substantiate her claim or else the respondents/authorities are at liberty to proceed in accordance with law. Consequently, the interim order stands vacated and the M.P.Nos.1 & 2 of 2013 are also dismissed. No costs.
Sd/- Assistant Registrar(V) //True Copy// Sub Assistant Registrar ss
To
1. The Secretary to Government Housing and Urban Development (UD1) Department Fort St.George Chennai 600 009
2. The Member Secretary Chennai Metropolitan Development Authority No.1, Gandhi Irwin Road Thalamuthu Natarajan Building Egmore, Chennai 600 008
3. The Commissioner Corporation of Chennai Rippon Buildings Chennai 600 003 +1cc to Mr.A. Challakumar, Advocate, S.R.No.44993 +1cc to Mr.A. Nagarajan, Advocate, S.R.No.45143 +1cc to Mr.K.Raja Srinivas, Advocate SR.45413 +1cc to the Government Pleader, S.R.No.45055 AK(CO) EU(29/08/2016) W.P.No.33962 of 2013