Meenava Thanthai K.R.Selvaraj v. The Member Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.07.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU Meenava Thanthai K.R.Selvaraj Kumar Meenavar Nala Sangam (Registered under Section 10 of the Tamil Nadu Societies Act, in Si.No.205 of 2015 dated 26.06.2015) Rep. by its President M.R.Thiyagarajan S/o late C.Rajalingam Office at No.15/8, A.J.Colony Royapuram, Chennai - 600 013.
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Petitioner Vs.
1. The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajan Buildings Egmore, Chennai - 600 008.
2. The Commissioner Corporation of Greater Chennai Ripon Building, Chennai - 600 003.
3. M/s.KTV Health Food Private Ltd.
Rep. By its Managing Director Having its Principal Office at No.1, Sooriya Narayan Chetty Street Thondiarpet, Chennai - 600 081.
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Respondents
Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the first respondent to consider the petitioner's representation dated 30.12.2016 in respect of illegal construction put up by third respondent at No.1, Sooriya Narayana Chetty Street, Tondiarpet, Chennai - 600 081 and demolish the same.
For the Petitioner : Mr.K.Mageshwaran For the Respondents : Ms.P.Veena Suresh for R1 Mr.D.B.R.Prabhu for R2 Mr.R.Saravana Kumar for R3
ORDER
(Made by the Hon'ble Chief Justice) Heard Mr.K.Mageshwaran, learned counsel for the petitioner, Ms.P.Veena Suresh, learned counsel for the first respondent, Mr.D.B.R.Prabhu, learned counsel for the second respondent and Mr.R.Saravana Kumar, learned counsel for the third respondent.
2. Status report is filed on behalf of the Greater Chennai Corporation.
3. The petitioner has sought demolition of a construction, putup by the third respondent at No.1, Sooriya Narayana Chetty Street, Tondiarpet, Chennai - 600 081.
4. The National Green Tribunal has passed an order against the third respondent. The third respondent filed an appeal before the Apex Court in Civil Appeal No.3626 of 2020. The Apex Court passed the following orders:
"61. The upshot of the above discussion is as follows:
As regards the pipelines which have been drawn the appellants may approach the relevant District Coastal Zonal Management Authority within a period of one month from today. The District Coastal Zonal Management Authority will consider any application made in regard to the continued use of the pipeline and take a decision in accordance
with law within a further period of six weeks from the date of the receipt of the application.
62. In view of the request made by the appellants that they may be permitted to continue to use the pipeline along with the storage facility for a period of one year, we would think that the interest of justice do require grant of some time. The appellants are accordingly given a period of six months from today to comply with the impugned order of the NGT. This is in regard to the direction to demolish the storage tanks. The appellant in the first appeal is given a month's time to pay the compensation ordered, if not already paid."
5. In view of the above, the writ petition stands disposed of. There will be no order as to costs. Consequently, W.M.P.No.8586 of 2017 is closed.
(S.V.G., CJ.) (P.D.A., J.) 20.07.2023 Index :
Yes/No :
Yes/No drm
To
1. The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajan Buildings Egmore, Chennai - 600 008.
2. The Commissioner Corporation of Greater Chennai Ripon Building, Chennai - 600 003.
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.
(drm) W.P.No .7872 of 2017 20.07.2023