Lake Area Residents v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.07.2016
CORAM
THE HONOURABLE MR.JUSTICE HULUVADI G. RAMESH and THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN Writ Petition No.25651 of 2016 and WMP.No.21984 of 2016 ---- Lake Area Residents Association Rep. By its President No.10, 7th Street, Nungambakkam Chennai-600 034.
...Petitioner
Vs.
1.The State of Tamil Nadu Rep. By the Secretary Housing & Urban Development Department Fort St.George, Chennai-600 009.
2.The Member Secretary Chennai Metropolitan Development Authority No.1, Gandhi Irwin Road Egmore, Chennai-600 008.
3.The Commissioner Corporation of Chennai Rippon Building Chennai-600 003.
4.K.B.Edison
...Respondents
Writ Petition filed praying to issue a Writ of Mandamus directing the 1st respondent to grant the petitioner an opportunity to be heard in deciding the legality or otherwise of the structure and utilization of the building situated at No.4, 7th Cross Street, Lake Area, Nungambakkam, Chennai-600 034.
For Petitioner : Mr.J.Adithya Reddy For Respondents: Mrs.A.Srijayanthi, Spl.Govt.Pleader for R1 Mr.K.Raja Shrinivas for R2 Mr.A.Nagarajan for R3
ORDER
(ORDER of the Court was made by HULUVADI G. RAMESH,J.) Heard the learned counsel for the Petitioner, Mrs.A.Srijayanthi, who accepts notice for the 1st respondent, Mr.K.Raja Shrinivas and Mr.A.Nagarajan, who accepts notice for the 2nd and 3rd respondent respectively.
2. In the Writ Petition, it is averred that the 4th respondent had obtained permission from the appropriate authorities for the construction of the building for residential purpose, but, in contravention to the permission granted to him, constructed a building styled as "Church" and has been using as a Prayer Hall, Place of congregation etc, which resulted in restricting the free movement of the residents of 7th street in and out of their own houses and also creating noise pollution. It is further averred that both 4th respondent and petitioner herein filed Writ Petitions before this Court and also filed Special Revision Petition before the 1st respondent in this regard.
3. Now the Petitioner-Residents Association, is before this court for a direction to the 1st respondent to grant them an opportunity to be heard in deciding the legality or otherwise of the structure and utilization of the building situated at No.4, 7th Cross Street, Lake Area, Nungambakkam, Chennai-600 034.
4. After hearing the counsel on both sides, we hereby direct the 1st respondent to entertain the petitioner's grievance on their application being filed and to give them a fullest opportunity of being heard both in writing and oral and thereafter, consider the same and take necessary decision in accordance with law.
5. The Writ Petition is disposed of accordingly. No costs. Consequently, connected WMP is closed.
nvsri Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar
To
1. The Secretary The State of Tamil Nadu Housing & Urban Development Department Fort St.George, Chennai-600 009.
2.The Member Secretary Chennai Metropolitan Development Authority No.1, Gandhi Irwin Road Egmore, Chennai-600 008.
3.The Commissioner Corporation of Chennai Rippon Building Chennai-600 003.
+ 1 cc to Mr.J.Adithya Reddy, Advocate Sr 41636 + 1 cc to Mr.K.Raja Shrinivas, Advocate Sr 41756 KR/26/7/16 W.P.No.25651 of 2016