Sri Sai Nagar Owners Welfare v. The Member Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.08.2025
CORAM:
THE HON'BLE MR. JUSTICE M. SUNDAR AND THE HON'BLE MR. JUSTICE T. VINOD KUMAR W.P.No.28998 of 2025 Sri Sai Nagar Owners' Welfare Association [SSNOWA] represented by its President Santhosh Kumar Gurumurthy Plot No.134, Phase - 1, Sri Sai Nagar Ottiyambakkam Main Road Ottiyambakkam Chennai 600 130 Petitioner vs.
1.
The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajan Building No.1, Gandhi Irwin Road Egmore Chennai 600 008 The District Collector Chengalpet District The Collectorate Chengalpet The Commissioner St. Thomas Mount Panchayat Union Chitlapakkam Chennai 600 059 The Executive Officer Ottiyambakkam Village Tambaram Taluk Chengalpattu District 5.
E5 JK Group Property Developers represented by J. Jayakrishnan Sole Proprietor No.19, IV Floor, Vellaiyan Street Kotturpuram Chennai 600 085 Respondents 1/4
Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 1 to 4 to act upon the petitioner's representation dated 20.02.2023 and upon letter No.TNRERA/A1/3729/2024 dated 14.05.2025 sent by the Law Officer, TNRERA, based on the order issued by TNRERA dated 30.04.2025, to remove the encroachments of unauthorized constructions made by the fifth respondent developer in Survey Nos.195/1B1, 197/1 & 2, 203/2, 208/1 and 225/1 and the land designated for park in this project covering S.Nos.224/1A1, 224/3, 224/4, 224/1A2, 224/6A, 224/1B, 224/6B, 225/2, 226/3A of Ottiyambakkam Village, Tambaram Taluk, Chengalpattu District (formerly Kancheepuram District) approved by the first respondent vide CMDA layout PPD/LO No.36/2020 in letter no.L1/19681/201819 dated 18.05.2020 in "Sri Sai Nagar". For petitioner Ms. Shoba Srikanth - - - - -
ORDER
(made by M. SUNDAR, J.) After some arguments, Ms. Shoba Srikanth, learned counsel on record for writ petitioner, sought leave of this Court to withdraw the captioned 'writ petition ' [hereinafter 'WP' for the sake of brevity]. Scanned reproduction of endorsement made by learned counsel in the case file is as follows:
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Learned counsel made a request to preserve all the rights and contentions of writ petitioner and/or any other similarly placed person(s) to come to this Court with similar/same prayer or for any other prayer on the same subject matter.
We accede to this request and preserve the rights and contentions of writ petitioner and/or any other similarly placed person(s) as the withdrawal became necessary owing to Real Estate Regulatory Authority's order dated 30.04.2025 on which the mandamus prayer is inter alia predicated, has not been filed. In the light of the narrative thus far, captioned WP stands disposed of as closed/withdrawn, albeit with preservation of rights and contentions of writ petitioner in the aforesaid manner. There shall be no order as to costs.
(M.S., J.) (T.V.K., J.) 06.08.2025 cad Index : Yes/No NC : Yes/No 3/4
M. SUNDAR, J.
and T. VINOD KUMAR, J.
cad To 1.
The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajan Building No.1, Gandhi Irwin Road Egmore Chennai 600 008 The District Collector Chengalpet District The Collectorate Chengalpet The Commissioner St. Thomas Mount Panchayat Union Chitlapakkam Chennai 600 059 The Executive Officer Ottiyambakkam Village Tambaram Taluk Chengalpattu District 06.08.2025 4/4