Vgn Minerva Owners v. The State Rep. By The

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.10.2016

CORAM

The HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE R.MAHADEVAN W.P.No.36874 of 2016 VGN Minerva Owner's Welfare Association Regd. No.243/2011, rep. by its Secretary, Basker Immanuel No.273, Guruswamy RoadsNolambur Chennai - 600 095.

.. Petitioner Vs

1. The State rep. by the Secretary to Government Department of Urban and Housing Development Fort St. George, Chennai - 600 009.

2. The Chennai Metropolitan Development Authority rep. by the Member Secretary Thalamuthu Natarajan Building No.1, Gandhi Irvin Road Egmore, Chennai - 600 008.

3. Chennai Municipal Corporation rep. by the Commissioner Rippon Buildings Poonamallee High Road Chennai - 600 003.

4. The Commissioner Villivakkam Panchayat Union Villivakkam, Chennai.

5. The President Nolambur Village Panchayat Nolambur.

6. VGN Developers Private Limited rep. by the Managing Director No.15, Wallace Garden 2nd Street Nungambakkam Chennai - 600 006.

.. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing the 2nd respondent the Chennai Metropolitan Development Authority to visit the VGN Minerva Gate Community Complex at No.273, Guruswamy Road, Nolambur , Chennai - 600 095 to note down the non providing of pathways as per the approved plan and the deviations or violations and the illegal sales of car parks in the building complex and to take immediate action against the 6th respondent company for providing pathway in each block and also rectification of the deviations.

For Petitioner : Mr.P.T.Perumal For Respondents : Mr.T.N.Rajagopalan Special Govt. Pleader for 1st respondent Mr.N.Sampath for 2nd respondent Mr.A.Nagarajan for 3rd respondent Mr.R.Vijayakumar for 4th respondent

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) On hearing the learned counsel for the petitioner, we find that the allegations of the flat owners is of really the non performance by the builder and the violation of the plans by the builder. It is alleged that many more car parkings have been sold than were supposed to be made.

2. We are of view that these are in the nature of inter se disputes where third parties rights are involved and if as the petitioner claims the pathway has to be cleared, all such matters would be capable of determination only in civil

proceedings. The petitioner may have a grievance, but this is not a panacea.

The petition is dismissed with liberty to take appropriate action in accordance with law. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To:

1. The Secretary to Government Department of Urban and Housing Development Fort St. George, Chennai - 600 009.

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

3. The Commissioner Chennai Municipal Corporation Rippon Buildings Poonamallee High Road Chennai - 600 003.

4. The Commissioner Villivakkam Panchayat Union Villivakkam, Chennai.

+1cc to Mr.Prumal Associates, Advocate, S.R.No.59724 +1cc to Mr.N. Sampath, Advocate, S.R.No.60277 +1 CC to Mr. A. Nagarajan, Advocate Sr.No.60087 +1cc to the Government Pleader, S.R.No.60140 UG(CO) md(1/3/2016) W.P.No.36874 of 2016