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Madras High CourtWP/31585/2016dismissed

R.Ganapathy v. The Chennei Metropolitan

2016-11-09Honourable The Chief Justice,Honourable Mr Justice R. Mahadevan3 pages

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.31585 of 2016 and W.M.P.No.27421 of 2016 R.Ganapathy .. Petitioner -vs1.The Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008.

2.The Municipality Commissioner, 3.The Planning Officer, 4.Savera 5.R.Gopalakrishnan .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing respondents 1 and 2 to remove the unauthorized development i.e. illegal construction made by the 4th respondent against the Building Permit Plan No.28/2014 dated 14.02.2014 in the schedule mentiioned property.

For Petitioner :

Mr.Murugesh Kasivel For Respondents :

Mr.K.Rajasrinivas for R1 Mr.N.K.Ponraj for R2 Mr.R.Vijayakumar Addl. G.P. for R3 Mr.Muthukumar for M/s.Paul & Paul for R4

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) The petitioner is apparently a purchaser from the builder/respondent No.5 in respect of the property developed of respondent No.4 by the builder/respondent No.5. The allegation in the petition pertains to the car parking area, which respondent No.2/Municipality is required to verify. We may note the submission of the learned counsel for respondent No.4 that there are inter se disputes with the builder/respondent No.5.

2. Be that as it may, the learned counsel for respondent No.2 states that already necessary notices have been issued and if any violation in the car parking area is found, action in accordance with law would be taken after notice to all concerned and the exercise will be completed within a period of two months from today.

3. We take the aforesaid statement on record and respondent No.2 shall remain bound by the same.

4. The writ petition, accordingly, stands disposed of. No costs. Consequently, W.M.P.No.27421 of 2016 is closed. Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar bbr To 1.The Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008.

2.The Municipality Commissioner,

3.The Planning Officer, 1 cc to M/s.A. aja Mohammed, Advocate, Sr. 64601 1 cc to M/s.K. Raja Srinivas, Advocate, sr. 64599 1 cc to M/s. Paul and Paul, Advocate, Sr. 64596 1 cc to Government Pleader, Sr. 64611 W.P.No.31585 of 2016 MV (CO) kk 16/11