Mr.Sivagurunathan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.11.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P. No.27501 of 2016 and W.M.P.No.23691 of 2016 Sivagurunathan .. Petitioner -vs1.The Commissioner, Sembakkam Municipality, Tambaram, Chennai 600 073.

2.The Member Secretary, Chennai Metropolitan Development Authority, No.1, Gandhi-Irwin Road, Egmore, Chennai-600 008.

3.Janaki Ammal 4.P.K.Rajan 5.K.Soba Krishnan 6.A.Jothi 7.A.Shamala 8.K.Ravi 9.R.Sanjana 10.Master R.Rahul 11.G.Shabhi Stephen 12.M.Madhankumar 13.U.Arumugam 14.R.Rajasekaran 15.B.Vithiya 16.S.Sivaraman 17.M.Vidhyalekshmi 18.Davamani Devi .. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the 1st respondent to demolish the unauthorized construction in the property bearing No.1, Bhavanandiar Street, Kamarajapuram, Selaiyur Post, East Tambaram, Chennai 600 073, made by

respondents 3 to 18.

For Petitioner :

Mr.O.Padmaprakash For Respondents :

Mr.R.Vijayakumar, Addl.G.P. for R-1 :

Mr.K.Raja Srinivas for R-2 :

Mr.M.Muthappan for RR 8 & 18

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) The violation of private respondents 8 and 18 is not in dispute, but it is stated by the learned counsel for the private respondents that the Appeal Committee has heard the respondents in the revision petition filed and the order is awaited. It is, thus, clear that once this order is passed, there would be a finality to the issue and the learned counsel for the private respondents states that dependent on the fate of the decision, they will abide by the result thereof.

2.The first respondent would take necessary action in accordance with law in case the revision petition filed by the private respondents is dismissed, within a maximum period of three (3) months of such an order being passed. 3.Writ petition, accordingly, stands disposed of. No costs. Consequently, W.M.P.No.23691 of 2016 stands closed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar sra To 1.The Commissioner, Sembakkam Municipality, Tambaram, Chennai 600 073.

2.The Member Secretary, Chennai Metropolitan Development Authority, No.1, Gandhi-Irwin Road, Egmore, Chennai-600 008.

+1cc to Mr.O. Padmaprakash, Advocate, S.R.No.64495 +1cc to Mr.K. Rajashrinivas, Advocate, S.R.No.65005 +1cc to Mr. M. Muthappan, Advocate Sr.No.65135 +1cc to the Government Pleader, S.R.No.64617 sai(CO) md(25/11/2016) W.P.No.27501 of 2016