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Madras High CourtWP/24845/2024disposed of

M.Moorthi v. The Member Secretary,

2025-06-05Honourable The Chief Justice,Honourable Mr Justice Sunder Mohan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.06.2025

CORAM

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SUNDER MOHAN and W.M.P.Nos.27197 of 2024 and 1309 of 2025 M.Moorthi .. Petitioner -vs1. The Member Secretary, Chennai Metropolitan Development Authority, 'Thalamuthu-Natarajan Maaligai', No.1, Gandhi Irwin Road, Egmore, Chennai 600 008.

2. The Collector, Chengalpattu District, Office of the Chengalpattu District Collectorate, Chengalpattu.

3. The Block Development Officer, Kattankalathur Panchayath Union, Office of the Kattankalathur Panchayath Union, Chengalpattu District.

4. The President, Nallambakkam Village Panchayath, Nallambakkam, Chengalpattu District.

5. J.Elumalai

6. E.Nirmala

7. The Commissioner, DTCP, CMDA Office Complex, E and C, Market Road, Koyambedu, Chennai 600 107.

8. The Commissioner, Maraimalai Nagar Municipality, Maraimalai Nagar, Chengalpattu District.

(RR7 and 8 are impleaded as per order dated 20.11.2024 in WP.24845/2024)

9. The Commissioner of Food Safety, Office of the Commissioner of Food Safety and Drug Administration Department, 359, Anna Salai, Teynampet, Chennai 600 009.

10.Designated Officer, Food Safety Department, Chengalpet District.

(RR9 and 10 impleaded as per order dated 05.12.2024 in WP.) .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 to 4 to take an appropriate action against the unauthorised construction put up by the 5th and 6th respondents of the commercial food court building running in the name of ELLERY FOOD ZONE, consisting of 29 shops measuring to an extent of 7000 sq.ft. approximately situated at Nallambakkam Village, Vandalur Taluk, Chengalpattu District, comprised in Sruvey Nos.3/A2A, 3/A2C, 3/A2C2 abd 3/A2B measuring to an extent of 71 cents and to demolish the same.

For Petitioner :

Mr.M.Ravikumar For Respondents :

No appearance for RR 1, 4, 5, 6, 7 and 9 :

Mr.J.Ravindran Addl. Advocate General Assisted by Mr.A.Edwin Prabakar State Govt. Pleader for R-2 :

Mr.M.Habeeb Rahman Govt. Advocate for R-3 :

Mr.K.Tippu Sultan for R-8 :

Mr.P.Kumaresan Addl. Advocate General Assisted by Mr.K.Tippusultan for RR 9 and 10 * * * * *

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Learned Additional Advocate General, Sri.Ravindran, tenders four photographs, all taken on 22.04.2025 and relying on those photographs, submits that all constructions in the illegal food zone have been removed. The photographs are taken on record and marked as 'X' collectively.

2. Learned Additional Advocate General also assures the Court that such illegality shall not be permitted henceforth and the authorities will be

prompt in taking action.

3. Counsel for petitioner also confirms that the unauthorised commercial food court running in the name of Ellery Food Zone consisting of 29 shops situated at Nallambakkam Village, Vandalur Taluk, Chengalpattu District, has been removed.

4. The other counsels appearing for respondent Nos.8 to 10 also assure the Court that no illegality will be permitted. The statements of all the three counsels made on behalf of respondents 8 to 10 are accepted as undertaking to the Court.

In view of the above, petition stands disposed of. There shall be no order as to costs. Consequently, the interim application stands closed. (K.R.SHRIRAM, CJ.) (SUNDER MOHAN, J.) 05.06.2025 Index : Yes/No : Yes/No

sra To

1. The Member-Secretary, Chennai Metropolitan Development Authority, 'Thalamuthu-Natarajan Maaligai', No.1, Gandhi Irwin Road, Egmore, Chennai 600 008.

2. The Collector, Chengalpattu District, Office of the Chengalpattu District Collectorate, Chengalpattu.

3. The Block Development Officer, Kattankalathur Panchayath Union, Office of the Kattankalathur Panchayath Union, Chengalpattu District.

4. The President, Nallambakkam Village Panchayath, Nallambakkam, Chengalpattu District.

5. The Commissioner, DTCP, CMDA Office Complex, E and C, Market Road, Koyambedu, Chennai 600 107.

6. The Commissioner, Maraimalai Nagar Municipality, Maraimalai Nagar, Chengalpattu District.

7. The Commissioner of Food Safety, Office of the Commissioner of Food Safety and Drug Administration Department, 359, Anna Salai, Teynampet, Chennai 600 009.

8. The Designated Officer, Food Safety Department, Chengalpet District.

The Hon'ble Chief Justice and Sunder Mohan, J.

(sra) 05.06.2025