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Madras High CourtWP/24028/2023dismissed

V.Amulraj v. The Member Secretary

2023-10-18Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.10.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY V.Amulraj .. Petitioner -vs1. The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Nataajan Buildings, No.1, Gandhi Irwin Road, Chennai 600 008.

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

3. Zonal Executive Engineer, Zone-IV, Greater Chennai Corporation, No.266, Thiruvottriyur High Road, Chennai 600 021.

4. MD.Hariharan .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 to 3 to take immediate action against 4th respondent Mr.MD.Hariharan on the basis of the petitioner's representation dated 25.03.2023 who has

built unauthorized construction in the premises situate at No.389, 2nd Block, 38th Street, Muthamizh Nagar, Kodungaiyur, Chennai 600 118 and demolish the same.

For the Petitioner :

M/s.M.Reena For the Respondents :

Ms.C.N.Vinobha for R-1 :

Mr.D.B.R.Prabhu for RR 2 and 3 * * * * *

ORDER

(Made by the Hon'ble Chief Justice) We have heard M/s.M.Reena, learned counsel for the petitioner, Ms.C.N.Vinobha, learned counsel for respondent No.1 and Mr.D.B.R.Prabhu, learned counsel for respondent Nos.2 and 3.

2. On 17.08.2023, we had observed that the petitioner is not concerned with the property. The petitioner contends that the construction is on the waterbody, but no document is placed on record to substantiate the said fact. The learned counsel for the petitioner sought time to place on record the relevant documents.

3. Today, the learned counsel submits that the petitioner has not produced any such document.

In light of that, the writ petition is dismissed. There will be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 18.10.2023 Index : Yes/No : Yes/No sra To

1. The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Nataajan Buildings, No.1, Gandhi Irwin Road, Chennai 600 008.

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

3. The Zonal Executive Engineer, Zone-IV, Greater Chennai Corporation, No.266, Thiruvottriyur High Road, Chennai 600 021.

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

(sra) 18.10.2023