Sushil Kumar Chouraria v. The Member Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.09.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU Sushil Kumar Chouraria .. Petitioner Vs 1 The Member Secretary Chennai Metropolitan Development Authority Thazamuthu Natrajan Building No.1 Gandhi Irwin Road Egmore, Chennai - 600 008.
2 The Commissioner Greater Chennai Corporation Chennai - 600 003.
3 The Executive Engineer Greater Chennai Corporation Zone- 8 Shenoy Nagar Chennai - 600 102.
.. Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus forbearing the respondents 2 and 3, their men, agents, servants or any one acting under
them, from locking and sealing/demolishing the premises situate at New Door No.9, Old Door No.17, B-Block, 6th Street, Anna Nagar, Chennai- 600 102 within the limits of Periyakudal Village, Chennai District, Greater Chennai Corporation, pending disposal of the application filed by the writ petitioner under Section 113-C of the Tamil Nadu Town and Country Planning Act of 1971 (under building regularisation scheme - 2017) before the 1st respondent vide receipt No.CMDA/Reg-113C/929/2019.
For the Petitioner : Mr.D.S.Rajasekaran For the Respondents : Mr.P.Kumaresan Additional Advocate General assisted by Mrs.P.Veena Suresh for 1st respondent : Ms.P.T.Ramadevi for respondents 2 and 3
ORDER
(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.D.S.Rajasekaran, learned counsel for the petitioner; Mr.P.Kumaresan, learned Additional Advocate General, assisted by Mrs.P.Veena Suresh, learned counsel for the first respondent; and Ms.P.T.Ramadevi, learned counsel for respondents
2 and 3.
2. It is submitted that the petitioner has filed an application for regularisation with the Chennai Metropolitan Development Authority (first respondent). The government order permitting regularisation is set aside by this court and now the matter is sub judice before the Apex Court.
3. We have disposed of other writ petitions with an observation that: "if subsequently after the orders are passed by the Apex Court and the petitioners have any remedy open, they are entitled to agitate the same afresh. In that event, all contentions are kept open". We have observed that the parties may take steps pursuant to the judgment of the Apex Court.
4. In case, after the judgment of the Apex Court, if it is found that the petitioner is not entitled for regularisation, then the petitioner may agitate afresh.
5. With these observations, the writ petition stands disposed of. There will be no order as to costs. Consequently, W.M.P.No.26426 of 2021 is closed.
(S.V.G., CJ.) (P.D.A., J.) 12.09.2023 Index :
Yes/No Yes/No sasi To:
1 The Member Secretary Chennai Metropolitan Development Authority Thazamuthu Natrajan Building No.1 Gandhi Irwin Road Egmore, Chennai - 600 008.
2 The Commissioner Greater Chennai Corporation Chennai - 600 003.
3 The Executive Engineer Greater Chennai Corporation Zone- 8 Shenoy Nagar Chennai - 600 102.
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU,J.
(sasi) 12.09.2023