M/S.Fomra Housing And Infrastructure Pvt Ltd v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 17.09.2019 coram::

The Honourable Dr.Justice G.Jayachandran W.P.No.26210 of 2019 & W.M.P.No.25588 of 2019 M/s.Fomra Housing and Infrastructure Pvt Ltd., Rep. by its Managing Director Mr.SharadFomra, Having its Office at, No.18, AA Block, 3rd Street, Anna Nagar, Chennai - 600 040.

CIN: U45200TN2008PTC067499 ... Petitioner /versus/ 1.The Commissioner, Greater Chennai Corporation, Ripon Buildings, Chennai - 600 003.

2.The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajan Maligai, No.1, Gandhi Erwin Road, Egmore, Chennai - 600 008.

3.Mr.C.Haridoss, S/o.Mr.Chandran, M/s.Sri Devi Karumari Fish Angaadi, No.1/30, Chettiyar Agaram Main Road, Chettiyaragaram, Chennai - 600 077.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus, to direct the respondents 1 and 2 to consider the representation of the petitioner dated 28.05.2019 and take action against the respondent No.3, as per law within a time frame and pass orders. For Petitioner : M/s.Sai Sathya Jith For R1 : Mrs.Karthika Ashok, Standing Counsel For R2 : Mr.S.Thiruvengadam, Standing Counsel For R3 : Mr.K.J.Parthasana

O R D E R

O R D E R

Heard the Learned Counsel for the Petitioner and the Learned Counsel for the Respondents.

2. The grievance of the petitioner is that in a strictly residential area, the 3rd respondent/Mr.C.Haridoss, unauthorizedly erected stall to sell fish. According to the petitioner, the representation given to the respondents 1 & 2 not been taken into consideration. Hence, sought for mandamus, to direct the respondents 1 and 2 to consider the representation dated 28.05.2019.

3. The respondents were put to notice. Today, the matter is taken up for final disposal by consent.

4. The Learned counsel appearing for the respondents 1 & 2 submits that, the 3rd respondent/Mr.Haridoss was permitted to run a fish stall in a 300 sq.ft. Whereas, he has erected construction in 3000 sq.ft which has been now on inspection found and notice to remove the unauthorized construction has been issued to the petitioner vide notice dated 17.09.2019.

5. Recording the same, the Writ Petition is disposed of. The 1st and 2nd respondents are hereby directed to ensure that no unauthorised construction more so, fish stall or any material causing nuisance to the residence been constructed in the said area. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (Insp cell) //True Copy// Sub Assistant Registrar bsm To,

1. The Commissioner, Greater Chennai Corporation, Ripon Buildings, Chennai - 600 003.

2. The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajan Maligai, No.1, Gandhi Erwin Road, Egmore, Chennai - 600 008.

Chennai - 600 008.

+1cc to Mr.Sai Sathya Jith Advocate, S.R.No.79893 +1cc to Mr.K.J.Parthasana Advocate, S.R.No.79985 +1cc to Mr.S.Thiruvengadam Advocate, S.R.No.79998 +1cc to Mrs.Karthika Ashok. Advocate, S.R.No.80258 NRL(CO) CB(25/09/2019) W.P.No.26210 of 2019