J.Sathyabama v. The Member Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.02.2024
CORAM:
THE HONOURABLE MR. JUSTICE S.S.SUNDAR And THE HONOURABLE MR. JUSTICE N. SENTHILKUMAR and WMP.No. 30353 of 2023 --- J. Sathyabama
...Petitioner
Versus
1.The Member Secretary Chennai Metropolitan Development Authority No. 1, Gandhi Irwin Road, Egmore, Chennai - 600 008.
2. The Commissioner, Tambaram City Municipal Corporation Tambaram West, Tambaram Chennai - 600 043.
3.A. Ananthan 4.A.Mani 1/10
5.A.Periasamy 6.Baskaran 7.B. Indira Kumari 8.B. Jayapal 9.B. Nallappan 10.B. Natarajan 11.B.Palaniappan 12.B.Subramani 13.C.Ravikumar 14.Chandrammal 15.C.Krishnan 16.C.Matheswaran 17.C.Parathasarathy 18.C.Rajan 19.Devaki 20.Elammal 21.G. Sampath Kumar
22. Gurunathan Shankaran
23. J. Lakshmi Narayanan
24. K. Athiappan 25.K. Aarathiyappan Nadar 26.K. Adithya Pandiyan
27. K. Elumalai 28.K. Jayaraman 29.K. Sundaramurthy 30.K. Vijayaseeli 31.M. Palani 32.M. Sundararaj 33.M. Mahesh 34.M. Saratha 2/10
35.M. Subramani 36.N. Krishna Prakash
37. P. Jayakumar
38. P. Nagarajan
39. P. Saravanan
40. P. Subramaniyam
41. Paapathi
42. P. Balaraman
43. P. Machi Naidu
44. P. Nagarajan
45. P. Palaniappan
46. P. Panmaya Mary
47. P. Perumal
48. P. Ramasamy
49. R. Mangai 50.R. Duraisamy 51.R.Kandhasamy 52.R. Saraswathi 53.S.Amudha 54.S. Govindammal 55.S.Tamilselvi 56.S. Baluraj 57.S. Kanchi Kumar 58.S. Sekar 59.S.Sithiraivel 60.S. Udayasuriyan 61.T.Muthu Krishnan
62. T. Parthiban
63. T.Suseela 64.V.Aranganayaki 3/10
65.V.Duraisamy 66.Vembuli 67.V.Govindaraj 68.V.Govindhasamy 69.V.M. Perumal 70.V.Nagarajan
71. V.Vimalanathan ... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 1&2 to remove unauthorized construction put up by the respondents 3 to 71 in the first and second Main Road, Mummurthy Nagar, Chromepet, Chennai - 600 044.
For Petitioner :
Ms.A.Radha For R1 :
Mr.R. Thamaraiselvan Standing Counsel For R2 :
Mr.P. Srinivas For RR 3, 5, 7, 10, 11, 15, 16, :
Mr.M.K.Sathish 4/10
18 to 21, 23, 33 to 35, 40 to 44,:
46, 48, 52, 54, 55, 58 to 63, 66 :
-----
ORDER
[Order of the Court was made by S.S.SUNDAR, J] This Writ Petition is filed for issuance of Writ of Mandamus, directing respondents 1 and 2 to remove unauthorized construction put up by the respondents 3 to 71 in the first and second Main Road, Mummurthy Nagar, Chromepet, Chennai - 600 044.
2.
Mr.M.K. Sathish, learned counsel has appeared, today, before this Court and submitted that he is filing Vakalath for many private respondents who have been impleaded as parties. Though the writ petitioner has filed the writ petition for demolition of unauthorized construction by the respondents 3 to 71 without obtaining planning permission, it is seen that the constructions have come long back and all the 5/10
persons have purchased the property from different developers long back. Despite this Court finds that the development had come long back, the petitioner has not produced any records to show that the petitioner was raising objections to such unauthorised constructions when the constructions were put up by different persons. It is stated that all the private respondents have purchased plots and developed the property by spending huge money. The present writ petitioner who did not raise his little finger for a long time, has come forward with the present writ petition for demolition of unauthorized construction on the only ground that he is the owner of the premises in which the construction have come. This Court is unable to see factual basis tracing the title of the petitioner's in the affidavit. As the original owner of the property in which the development has taken place, the petitioner should approach the Civil Court for appropriate relief for recovery of possession from the several private respondents who are 3 to 71. Petitioner claim's title through a settlement 6/10
deed executed by one Mrs.D.Jayamani, in respect of undivided half share and an extent of 2.10 Ares. Except the settlement deed no other revenue document or verifiable material is produced to accept the case of title. Be that as it may, not, even a legal notice is issued to the private respondents informing them as to her source of title. The bonafides of the petitioners' claim is doubtful.
3.
The learned counsel appearing for the private respondents further submitted that several private respondents are no more and the petitioner does not have any particulars of many persons who have put up construction and their whereabouts.
4.
In such circumstances, this Court is not inclined to entertain in this writ petition as the object of the litigation appears to be extraneous especially when the petitioner ought to have availed effective alternative 7/10
remedy. It is open to the petitioner to file a Civil Suit before the Civil Forum for appropriate relief to recover the property as such from the private respondents on proof of title and possession within the statutory period. In case, the petitioner establishes his ownership or title of the property, he may get consequential relief. This Court is not inclined to entertain this writ petition at the instance of the petitioner who has only relied a few police complaints without records to substantiate his claim. 5.
The private respondents have invested money for the development of the lands and huge constructions have come as seen from the photographs. It may also be open to the official respondents to initiate action on their own, if the development has taken place without any planning permission or approval.
6.
As a result, the Writ Petition is dismissed for want of 8/10
bonafides. No costs. Consequently, connected Miscellaneous Petition is closed.
[S.S.S.R., J] [N.S., J] 08.02.2024 MSM Index : Yes/No Internet : Yes/No Speaking Order : Yes/No To 1.The Member Secretary Chennai Metropolitan Development Authority No. 1, Gandhi Irwin Road, Egmore, Chennai - 600 008.
2. The Commissioner, Tambaram City Municipal Corporation Tambaram West, Tambaram Chennai - 600 043.
9/10
S.S.SUNDAR, J And N. SENTHILKUMAR, J MSM 08.02.2024 10/10