V.R.Jagadeesan v. The Secretary To The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 04.01.2022

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE V.SIVAGNANAM W.P.No.28314 of 2021 and W.M.P.No.29897 of 2021 V.R.Jagadeesan S/o V.Raju No.163, Anna Pillai Street Kothaval Chavadi, Sowcarpet Chennai - 600 001.

... Petitioner -vs1.The Secretary to the Government of Tamilnadu Housing and Urban Development Department Fort St.George, Chennai - 600 009.

2.The Commissioner Greater Chennai Corporation Chennai - 600 003.

3.The Superintending Engineer Greater Chennai Corporation Division No.145, Zone-XI Rippon Building Campus Chennai - 600 003.

4.S.Madasamy

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 to 3 to demolish the illegal and unauthorized constructions made by the fourth respondent in the property bearing Plot No.15 A, Azhagammal Nagar First Main Road, Nerkundram, Chennai - 600 107, comprised in S.No.93, Nerkundram Village, Maduravoyal Taluk, Chennai District.

For petitioner : Mr.P.Mohanraj For respondents: Mr.K.V.Sajeev Kumar Special Government Pleader for R1 Mr.R.Gopinath Standing Counsel for RR2 &3

ORDER

(Order of the Court was made by K.KALYANASUNDARAM, J.,) The petitioner has come forward with this writ petition for issuance of writ of mandamus, directing the respondents 1 to 3 to demolish the illegal and un-authorised construction put up by the 4th respondent at Plot No.15, Azhagammal Nagar first main road, Nerkundram, Chennai.

2.The learned Standing Counsel appearing for the respondents Mr.R.Gopinath, would submit that based on the complaint of the petitioner dated 09.08.2021, the officials of the Greater Chennai Corporation have already issued pre-notice dated 04.01.2022 calling for the planning approval from the 4th respondent. It is also stated that the official respondents will take further action in accordance with law. 3.In the light of the submission, made by the learned counsel appearing for the respondents, we are of the considered opinion that the prayer sought, in this writ petition has become infructuous and hence the writ petition is dismissed as infructuous. No costs. Consequently connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar Jer To

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

2. The Commissioner Greater Chennai Corporation Chennai - 600 003.

3. The Superintending Engineer Greater Chennai Corporation Division No.145, Zone-XI Rippon Building Campus Chennai - 600 003.

+1cc to Mr.J.Lakshmi Narayanan, Advocate, S.R.No.810 +1cc to Mr.R.Gopinath, Advocate, S.R.No.306 +1cc to the Government Pleader, S.R.No.1134 W.P.No.28314 of 2021 and W.M.P.No.29897 of 2021 RK[co] NSK 15/02/2022