Geetha M.Mohan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE V.SIVAGNANAM and W.M.P.No.25880 of 2021 Geetha M.Mohan

...Petitioner

Vs.

1.The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai - 3.

2.The Zonal Officer, Zone XI, Greater Chennai Corporation, 33, Arcot Road, Valasaravakkam, Chennai - 87.

3.The Inspector of Police, S-4, Nandhambakkam Police Station, Nandabakkam, Chennai - 600 035.

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4.Sudha Vijayakumar 5.Ramachandran

...Respondents

Prayer :

Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents 1 to 3 to demolish the unauthorised and illegal construction raised by the respondents 4 and 5 in the name of volley ball court, indoor, outdoor stadium at Old No.4/119, New No.3/157, Mount Poonamallee Road, MGR Garden, Ramapuram, Chennai - 600 089 and to take action against the respondents 4 and 5 in accordance with law. For petitioner : Mr.S.Doraisamy For respondents : Mr.K.Raja Shirinivas Senior Standing Counsel (for R1 and R2) Mr.L.S.M.Hasan Fizal Additional Government Pleader (for R3) Mr.R.Singgaravelan Senior Counsel for Mr.V.S.Jegadesan (for R4 and R5) 2/6

ORDER

(The Order of the Court was made by K.KALYANASUNDARAM,J) Heard Mr.S.Doraisamy, learned counsel for the petitioner, Mr.K.Raja Shirinivas, learned Senior Standing Counsel appearing for the respondents 1 and 2, Mr.L.S.M.Hasan Fizal, learned Additional Government Pleader appearing for the third respondent and Mr.R.Singgaravelan, learned Senior Counsel appearing for the respondents 4 and 5. 2.The petitioner has come forward with this writ petition seeking a direction to the respondents 1 to 3 to demolish the unauthorised and illegal construction raised by the respondents 4 and 5 at Old No.4/119, New No.3/157, Mount Poonamallee Road, MGR Garden, Ramapuram, Chennai. 3.It is the case of the petitioner that the private respondents are constructing volley ball court without planning permission from the competent authority.

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4.The learned Senior Standing Counsel appearing for the Greater Chennai Corporation would state that based on the representation of the petitioner, dated 27.10.2021, the Assistant Engineer, DIV 157 and the Assistant Executive Engineer, Unit 35 have issued stop work notice/notice calling for approved plan on 22.11.2021 and after receiving reply from the private respondents, the respondents 1 and 2 shall take further action in accordance with law.

5.Taking note of the fact that the official respondents have already initiated proceedings based on the representation of the petitioner, we are of the considered opinion that the prayer sought for in this writ petition has become infructuous.

6.Accordingly, this Writ Petition is closed. No costs. Consequently, connected miscellaneous petition is also closed. [M.K.K.S.J] [V.S.G.J] 30.11.2021 skn Index : Yes/No Internet : Yes/No 4/6

To 1.The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai - 3.

2.The Zonal Officer, Zone XI, Greater Chennai Corporation, 33, Arcot Road, Valasaravakkam, Chennai - 87.

3.The Inspector of Police, S-4, Nandhambakkam Police Station, Nandabakkam, Chennai - 600 035.

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K.KALYANASUNDARAM, J and V.SIVAGNANAM, J skn and W.M.P.No.25880 of 2021 30.11.2021 6/6