Rajaguruvammal v. Chennai Metropolitan Development
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.02.2024
CORAM:
THE HONOURABLE MR. JUSTICE S. VAIDYANATHAN and THE HONOURABLE MR. JUSTICE K.RAJASEKAR W.P. No.23798 of 2019 & W.M.P. No.23663 of 2019 Rajaguruvammal Petitioner v Chennai Metropolitan Development Authority represented by its Member Secretary No.1, Gandhi Irwin Road Egmore, Chennai 600 008 The Corporation of Chennai represented by its Commissioner Ripon Buildings, Chennai The Executive Engineer Divisional Officer Shenoy Nagar Corporation of Chennai The Assistant Engineer Corporation of Chennai Zone 10, Kodambakkam Chennai Ekambaram Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 1 to 4 to consider the petitioner's representation dated 23.07.2019 for stopping the ongoing construction carried on by the fifth respondent on the land comprised in T.S. No.99, R.S.No.236/1A1A and R.S. No.237/2A of Kodambakkam Village, Block 1/4
No.88 measuring an extent of 396.75 sq. ft. situated at Plot No.111, Annamalai Nagar III Street, West Mambalam, Chennai 600 033. For petitioner Dr. K. Sundararaj For R1 Mrs. P. Veena Suresh Standing Counsel For RR 2-4 Mr.E.C. Ramesh For R5 Mr. J. Ram
ORDER
(made by S. VAIDYANATHAN, J.) According to the petitioner, who is a septuagenarian, the fifth respondent had started to put up construction in her land; hence, she addressed a representation dated 23.07.2019 to the official respondents seeking their intervention in the matter; finding no response, she has preferred this writ petition.
Concededly, in connection with the issue involved in this writ petition, a suit in O.S. No.4537 of 2019 on the file of the XV Assistant Judge, City Civil Court, Chennai, is pending.
On 26.08.2019, when this writ petition was taken up for admission, this Court directed the learned counsel for the petitioner to produce a copy of the plaint in O.S. No.4537 of 2019 on the file of the XV Assistant Judge, City Civil Court, Chennai. Yet, as on date, a copy of the plaint, as directed, has not been produced by the learned counsel for the petitioner. 2/4
The learned counsel for the fifth respondent submitted that as the dispute in this case is the subject matter in O.S.No.4537 of 2019, the matter will have to be adjudicated only by the Civil Court. However, he assured that building, if any, will be constructed only in accordance with law, after obtaining proper planning permission from the authorities concerned and that if there is any violation, the fifth respondent will set right the same. Recording the aforesaid submission of the learned counsel for the fifth respondent, this writ petition is disposed of without prejudice to the rights of the parties in O.S. No.4537 of 2019 before the XV Assistant Judge, City Civil Court, Chennai. Costs made easy. Connected W.M.P. stands closed. (S.V.N., J.) (K.R.S., J.) 01.02.2024 cad 3/4
S. VAIDYANATHAN, J.
and K. RAJASEKAR., J.
cad To The Member Secretary Chennai Metropolitan Development Authority No.1, Gandhi Irwin Road Egmore Chennai 600 008 The Commissioner Corporation of Chennai Ripon Buildings Chennai The Executive Engineer Divisional Officer Shenoy Nagar Corporation of Chennai The Assistant Engineer Corporation of Chennai Zone 10, Kodambakkam Chennai 01.02.2024 4/4