V.Pandiarajan v. The Chennai Metropolitan Development Authority

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.04.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD V.Pandiarajan ..

Petitioner Vs.

1. The Chennai Metropolitan Development Authority Rep. by its Member Secretary Thalamuthu Natarajan Building No.1, Gandhi Irwin Road Egmore, Chennai 600 008.

2. The Commissioner Greater Chennai Corporation Rippon Buildings Chennai 600 003.

3. The Proprietor Liberty Park Hotel New Door Nos.7 (part) and 9 (part) 1st Main Road, United India Colony Kodambakkam Chennai 600 024.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents 1 & 2 to take

appropriate action to remove the illegal/unauthorised construction made by the 3rd respondent in respect of the property situated at Plot Nos.8 (part), 9 (part) and 10 (part), Old Door Nos.2 (part), 2A (part), new Door Nos.7 (part) and 9 (part), 1st Main Road, United India Colony, Kodambakkam, Chennai 600 024 by considering the petitioner's representation dated 05.01.2022. For the Petitioner : No appearance For the Respondents : Ms.P.Veena Suresh for Respondent-1 Mr.D.B.R.Prabhu for Respondent-2 Mr.S.L.Sundarsanam for Respondent-3

ORDER

(Made by the Hon'ble Chief Justice) None appears for the petitioner.

2. We have heard Ms.P.Veena Suresh, learned counsel for the first respondent, Mr.D.B.R.Prabhu, learned counsel for the second respondent and Mr.S.L.Sudarsanam, learned counsel for the third respondent.

3. Learned counsel for the third respondent submits that the construction permission has been granted and even completion certificate is granted in the year 1994. The writ petition is filed with ulterior motive.

4. A copy of the letter issued by the Member Secretary of Chennai Metropolitan Development Authority dated 30.03.1994 is placed on record. In the said letter, it is stated that the construction put up in No.2 & 2A, United India Colony, 1st Main Road, Kodambakkam is inspected and has been found to be completed as per the plan.

5. In the light of that, the writ petition stands disposed of. There shall be no order as to costs.

(S.V.G., CJ.) (J.S.N.P., J.) 03.04.2024 Index :

Yes/No :

Yes/No kpl

To

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

2. The Commissioner Greater Chennai Corporation Rippon Buildings Chennai 600 003.

THE HON'BLE CHIEF JUSTICE AND J.SATHYA NARAYANA PRASAD, J (kpl) 03.04.2024