C.Mariammal v. The Member Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.12.2021 CORAM :

THE HONOURABLE MR. JUSTICE R. MAHADEVAN AND THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ WRIT PETITION NOS. 27321 AND 27326 OF 2021 AND W.M.P. NOS. 28830 AND 28832 OF 2021 C. Mariammal .. Petitioner in W.P. No.27321/2021 S.Suriyaprakash .. Petitioner in W.P. No.27326/2021

Versus

1. The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajar Building No.1, Gandhi Irwin Road Egmore, Chennai - 600 008.

2. The Commissioner Greater Chennai Corporation Ripon Building EVR Periyar Salai Chennai - 600 003.

3. The Zonal Executive Engineer Zone-5, No.62 Basin Bridge Road Old Washermenpet Chennai - 600 021.

4. T.A.Roshan .. Respondents in both WPs Common Prayer:

Petitions filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 to 3 taking necessary action to stop further construction and demolish the illegal construction constructed by the fourth respondent on the land situated at Door No.5, Appavu Lane, Royapuram, Chennai - 600 013.

In both the Writ Petitions For Petitioner :

Mr. S.S.Rajesh for Mr. R.Jaganathan For Respondents :

Mrs. C.Sumathy Sreekanth for R1 Mr. K.Raja Srinivas for R2 & R3 C O M M O N O R D E R (Order of the Court was made by R. MAHADEVAN, J.) The relief sought in both the writ petitions is to issue a Writ of Mandamus directing the respondents 1 to 3 to take necessary action to stop further construction and demolish the illegal construction made by the fourth respondent on the land situated at Door No.5, Appavu Lane, Royapuram, Chennai - 600 013.

2. According to the petitioners, they are the absolute owners of the properties situated in respective Door Nos.53/24 and 51/23, Arthoon Road, Royapuram, Chennai - 600 013, by way of purchase in the respective years 1986 and 2007; and they are in possession and enjoyment of the same. It is further stated that there is a lane viz., Appavu lane, which is 7 feet wide and is the only access to the said properties. It is the grievance of the petitioners that the fourth respondent is attempting to put up a multi storey building in her property in Old Door No.5, New Door No.9, Appavu Lane, Royapuram, Chennai - 600 013. The said multi storey building is proposed to be constructed in the said lane, without any sanctioned plan. Therefore, the petitioners submitted separate representations to the respondent authorities to take action to stop the said construction. However, none of the representations yielded any fruitful result. Finding no other option, they have come up with these writ petitions for the above stated relief.

3. Heard the learned counsel for the petitioners, who submitted that though the petitioners have submitted representations to stop construction and demolish the illegal construction made by the fourth respondent, the respondent authorities did not take any action on the same. Therefore, the learned counsel prayed for appropriate direction in this regard. 4.

On the other hand, the learned standing counsel appearing for the second and third respondents, on instructions, submitted that as against the construction put up by the fourth respondent, notice was already issued calling upon her to furnish the approved plan to the authority concerned. He further submitted that such notice is proposed to be given to the petitioners as well.

5. Recording the aforesaid submissions made on the side of the respondents, this Court directs the respondent authorities to conduct an enquiry, after affording an opportunity of hearing to the petitioners as well as fourth respondent, consider the documentary evidence that may be submitted by them, and thereafter pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

6. With the above direction, both the writ petitions stand disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar Maya/rsh To

1. The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajar Building No.1, Gandhi Irwin Road Egmore, Chennai - 600 008.

2. The Commissioner Greater Chennai Corporation Ripon Building EVR Periyar Salai Chennai - 600 003.

3. The Zonal Executive Engineer Zone-5, No.62 Basin Bridge Road Old Washermenpet Chennai - 600 021.

+4ccs to Mr.R.Vigneshwar, Advocate, S.R.No.69298,69299 WP Nos. 27321 & 27326/2021 SSI(CO) PM/19/01/2022