R.S.Madhavan v. The State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.11.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY R.S.Madhavan .. Petitioner -vs1. The State of Tamil Nadu, Rep. by its Secretary, Housing and Urban Development Department, Fort St. George, Chennai 600 009.

2. The Commissioner, Corporation of Greater Chennai, Chennai 600 003.

3. The Member Secretary, Chennai Metropolitan Development Authority, Egmore, Chennai 600 008.

4. The Executive Engineer (Enforcement), Zone VIII, Corporation of Chennai, No.36B/12B, Pulla Avenue, Shenoy Nagar, Chennai 600 030.

5. M/s.Ashvar Builders and Promoters, Varadhaman Constructions and Investments, Rep. by its Proprietor, Mr.Soundarajan.

6. K.S.Joseph

7. M.Lavanya

8. M.Sivalakshmi

9. K.B.Udhayashankar 10.S.Usha Krishnamurthy 11.M/s.Ashvar Builders and Promoters, Vardhaman Constructions and Investments, Chennai 600 106.

12.T.Manivannan 13.M.Shanthi .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 to 4 particularly the 2nd and 4th respondents to take necessary further action against the respondents 5 to 13 for violation of the construction of the building bearing No. No. 69/39A, G-1, Panchaliamman Koil Street, Arumbakkam, Chennai 106, subsequent to the letter dated 04.07.2019 vide Reference Letter No.EC/C-1/6873/2017 and on the basis of the petitioner's representation dated 11.6.2019. For the Petitioner :

Mr.D.Vijay for Mr.R.Thanjan For the Respondents :

Mr.P.Muthukumar, State Government Pleader, for R-1 :

Mr.A.Arun Babu Stdg. Counsel for RR 2 and 4 :

Mrs.P.Veena Suresh Stdg. Counsel for R-3 :

Mr.K.G.Senthil Kumar for R-5 :

No appearance for RR 6 to 13 * * * * *

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.D.Vijay, learned counsel for the petitioner, Mr.P.Muthukumar, learned State Government Pleader, for respondent No.1, Mr.A.Arun Babu, learned standing counsel for respondent Nos.2 and 4, Mrs.P.Veena Suresh, learned standing counsel for respondent No.3 and Mr.K.G.Senthilkumar, learned counsel for respondent No.5.

2. Violation is alleged on the part of respondent Nos. 5 to 13 in respect of the construction of building bearing No.69/39A, G-1, Panchaliamman Koil Street, Arumbakkam.

3. The learned counsel for the petitioner submits even the appeal filed by the 5th respondent is dismissed vide G.O.Ms.No.21, Housing and Urban Development (UD-VI(1)) Department, dated 22.01.2022.

4. The learned standing counsel for the Corporation submitted that earlier, lock and seal notice was issued. As the appeal preferred by the 5th respondent is dismissed, the Corporation would proceed in accordance with law as against the unauthorised constructions, if any, expeditiously.

In view of the said statement, the writ petition is disposed of. There will be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 22.11.2023 Index : Yes/No : Yes/No sra

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(sra) To

1. The Secretary to Govt. of Tamil Nadu, Housing and Urban Development Department, Fort St. George, Chennai 600 009.

2. The Commissioner, Corporation of Greater Chennai, Chennai 600 003.

3. The Member Secretary, Chennai Metropolitan Development Authority, Egmore, Chennai 600 008.

4. The Executive Engineer (Enforcement), Zone VIII, Corporation of Chennai, No.36B/12B, Pulla Avenue, Shenoy Nagar, Chennai 600 030.

22.11.2023