M/S.K.C.P.Sugar And Industries v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.10.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P. No.37359 of 2016 and W.M.P.No.32017 of 2016 M/s.K.C.P.Sugar and Industries Corporation Limited, rep. by its Managing Director Mrs.Irmgard Velagapudi Rao, No.239, (Old No.183) Anna Salai, Chennai-600 006.

.. Petitioner -vs1.The Commissioner, Corporation of Chennai, Rippon Building, Chennai-600 003.

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

3.The Regional Deputy Commissioner, Zone - Central, VI to X No.12B, Pulla Avenue, Thiru Vi Ka Park, Shenoy Nagar, Chennai-600 030.

4.C.Maheswari .. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondents 1 to 3 to take immediate steps to demolish the unauthorised and illegal construction made by the fourth respondent on the terrace of the building third floor Flat, Door No.170, Kodambakkam High Road, Nungambakkam, Chennai-34 and restore to its original position.

For Petitioner :

Mr.AL.Somayagi Senior Counsel for M/s.A.Govindasamy For Respondents :

Mr.A.Nagarajan for R1 to R3 Mr.N.Sampath for R2

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) The grievance of the petitioner is that the fourth respondent has carried out an unauthorised construction on the terrace of the building of the third floor at No.170, Kodambakkam High Road, Nungambakkam, Chennai-34 and that the said unauthorised construction should be demolished and the building restored to its original position.

2. On hearing the learned Senior Counsel for the petitioner and the learned counsels for the respondent authorities, it is directed that the second respondent should cause an inspection to be made within fifteen days from today and in case, unauthorised construction is detected, to take action in accordance with law, after notice to all concerned within a maximum period of two months thereafter.

3. The writ petition, accordingly, stands disposed of, leaving the parties to bear their own costs. Consequently, W.M.P.No.32017 of 2016 is closed.

Sd/- Asst.Registrar (CS VI ) /true copy/ Sub Asst. Registrar bbr To 1.The Commissioner, Corporation of Chennai, Rippon Building, Chennai-600 003.

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

3.The Regional Deputy Commissioner, Zone - Central, VI to X No.12B, Pulla Avenue, Thiru Vi Ka Park, Shenoy Nagar, Chennai-600 030.

1 cc to Sampah, Advocate, Sr. 60756 1 cc to Mr.A. Govindasamy, Advocate, Sr. 60716 1 cc to Mr.A.Nagarajan, Advocate, Sr. 61278 W.P.No.37359 of 2016 MSN CO) kk 26/10