B.Kolapuri v. The Member Secretary

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 B.Kolapuri ..

Petitioner Vs.

1. The Member Secretary Chennai Metropolitan Development Authority Thala Muthu Nadarajar Malligai No.1, Gandhi Irwin Road Egmore, Chennai 600 008.

2. The Commissioner Corporation of Greater Chennai Rippon Building Park Town Chennai 600 003.

3. The Executive Engineer Corporation of Greater Chennai Zone No.8, No.36, Pulla Avenue Shenoy Nagar Chennai 600 030.

4. K.Manoharan

5. The Secretary Housing & Urban Development Department Fort St. George, Chennai 600 009.

..

Respondents [R5 impleaded vide order dated 22.11.2023] Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents to consider the petitioner's representation dated 16.05.2019 and 22.06.2019 and consequently, remove the illegal and unauthorised construction carried out by the fourth respondent in the 20 feet width public road meant for free flow of traffic, for ingress and egress to their respective places by locality people and general public. For the Petitioner : Mr.A.G.Rajakumar For the Respondents : Ms.P.Veena Suresh for Respondent-1 Mr.E.C.Ramesh Standing Counsel for Respondents 2 & 3 Mr.R.Abdul Mubeen for Respondent-4 Mr.P.Muthukumar State Government Pleader for Respondent-5

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.A.G.Rajakumar, learned counsel for the petitioner, Ms.P.Veena Suresh, learned counsel for the first

respondent, Mr.E.C.Ramesh, learned Standing Counsel for the respondents 2 and 3, Mr.R.Abdul Mubeen, learned counsel for the fourth respondent and Mr.P.Muthukumar, learned State Government Pleader for the fifth respondent.

2. It is submitted that the fourth respondent has carried out unauthorised construction by encroaching upon the public road.

3. Learned counsel for the Corporation submits that lock and seal notice has been issued by the Corporation on 14.05.2019 against which the fourth respondent has filed an appeal.

4. Learned counsel for the fourth respondent submits that the appeal is filed on 22.10.2019 and the same is yet to be decided by the Government.

5. Leave to add the Secretary, Housing and Urban Development as a party is granted.

6. Learned State Government Pleader accepts notice for the newly added fifth respondent.

7. In case the appeal filed by the fourth respondent is pending with the newly added fifth respondent, the fifth respondent shall decide the same on its own merits and in accordance with law, expeditiously, preferably within six months from today. The petitioner shall appear before the fifth respondent on 05.12.2023. Depending upon the decision taken in the appeal, the parties may take further steps.

8. 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 kpl

To

1. The Member Secretary Chennai Metropolitan Development Authority Thala Muthu Nadarajar Malligai No.1, Gandhi Irwin Road Egmore, Chennai 600 008.

2. The Commissioner Corporation of Greater Chennai Rippon Building Park Town Chennai 600 003.

3. The Executive Engineer Corporation of Greater Chennai Zone No.8, No.36, Pulla Avenue Shenoy Nagar Chennai 600 030.

4. The Secretary Housing & Urban Development Department Fort St. George, Chennai 600 009.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J (kpl) 22.11.2023