Madras High CourtWP/24926/2016disposed of

Indira Grandeur Owners v. The Commissioner

2016-09-01Honourable Mr Justice Huluvadi G. Ramesh,Honourable Mr Justice M.V. Muralidaran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 1.9.2016

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.No.24926 of 2016 Indira Grandeur Owners Welfare Association, Reg. No.78/2008 Rep. by its Secretary B.Eswaran Plot No.59-A TNEB Office Road Mogappair East Chennai Pincode 600 037 Petitioner

Versus

1 The Commissioner Corporation of Chennai Chennai 600 003 2 The Additional/Joint/ Deputy Commissioner (Works) Corporation of Chennai Chennai-600 003 3 The Regional Joint Commissioner/Deputy Commissioner Corporation of Chennai Zone North (I to V Royapuram) No.61 Moolakothalam Chennai-21 4 The Member Secretary Chennai Metropolitan Development Authority No.1 Gandhi Irwin Road Egmore Chennai-600 008 5 Dr.D.Sujay Anand 6 M.Indira Homes rep. by its Partner V.G.Rajendran No.19 Govindan Street Ayavoo Colony Aminji Karai Chennai-600 029 Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus

directing the 1st 2nd and 3rd respondents to take necessary enforcement action and demolish the unauthorized constructions in the stilt Floor in Block A of petitioners complex situated at No.59A TNEB Office Road Mogappair East Chennai 600 037 based on the letter bearing No.EC/N-II 3893/2015 dated 9.4.2015 sent by the 4th respondent to the 1st 2nd and 3rd respondents. For petitioner : Mr.E.Jayasankar For R1 to R3 : Mr.A.Nagarajan For R4 : Mr.K.Raja Shrinivas For R5 : Mr.M.Venkatakrishnan For R6 : Mr.P.Seshadri

ORDER

(Order of the court was made by HULUVADI G.RAMESH, J.) Heard the learned counsel appearing for the parties.

2. The writ petition has been filed seeking issuance of a writ of mandamus directing the 1st 2nd and 3rd respondents to take necessary enforcement action and demolish the unauthorized constructions in the stilt Floor in Block A of petitioners complex situated at No.59A TNEB Office Road Magappair East Chennai 600 037 based on the letter bearing No.EC/N-II 3893/2015 dated 9.4.2015 sent by the 4th respondent to the 1st 2nd and 3rd respondents.

3. It appears that the petitioner had represented the authorities alleging some illegal construction by the fifth respondent and based on the same, the fourth respondent had already sent a letter on 9.4.2015 to respondents 1 to 3 to take necessary action against the fifth respondent.

4. Now, on instructions the respective counsel appearing for respondents 1 to 3 would contend that the respondents are taking further course of action as per the instruction of the fourth respondent and steps have been taken in this regard for compliance.

5. In view of the above submission, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar

ssk.

To:

1 The Commissioner Corporation of Chennai Chennai 600 003 2 The Additional/Joint/ Deputy Commissioner (Works) Corporation of Chennai Chennai-600 003 3 The Regional Joint Commissioner/Deputy Commissioner Corporation of Chennai Zone North (I to V Royapuram) No.61 Moolakothalam Chennai-21 4 The Member Secretary Chennai Metropolitan Development Authority No.1 Gandhi Irwin Road Egmore Chennai-600 008 1cc to M.Venkatakrishnan, Advocate, sr.49704 1 cc to P.Seshadri, Advocate, sr.49703 1 cc to Mr.K.Rajashrinivas, Advocate, sr.49708 1 cc to E.Jayasankar, Advocate, sr.49983 1 cc to A.Nagarajan, Advocate, sr.50115 W.P.No.24926 of 2016 nr co kra 03.10.2016