Madras High CourtWP/28786/2023dismissed

K.Soundarajan v. The Director

2024-02-06Honourable Mr Justice S.S. Sundar,Honourable Mr.Justice N.Senthilkumar9 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.02.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR K.Soundarajan ... Petitioner Vs.

1.The Director Directorate of Town & Planning head Office at No.807, Anna Salai Chennai 600 002.

2.The Commissioner Directorate of Town and Country Planning Head Office No.807, Anna Salai Chennai 600 002.

3.The Secretary Municipal Administration & Water Supply Department, Government of Tamil Nadu Namakkal Kavignar Maaligai Fort St George, Chennai 600 009.

4.The Commissioner Greater Chennai Corporation, Rippon Building, Chennai 600 003.

5.The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajan Building No.1, Gandhi Irwin Road Egmore, Chennai 600 009.

6.The District Collector, Chennai O/o.The District Collector Singaravelar Maaligai 2nd Line Beach, Chennai 600 001.

7.The Tahsildhar Egmore Nungambakkam Taluk Office of the Tahsildhar Chennai 600 031.

8.The Revenue Divisional Officer Chennai Central, Gandhi Nagar Anna Nagar West Extension Chennai 600 040.

9.M/s.Dwaraka Doss Goverdhan Doss Vaishnav College, Dewan Bahadur M.O.Parthasarathy Iyengar's Charities No.20, 4th Lane, Thousand Lights West Thousand Lights, Chennai 600 034.

... Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of mandamus, directing the respondents 1 to 8 to take appropriate action against the 9th respondent and demolish the unauthorised construction put up by the 9th respondent in Survey No.51/2, Block No.10, Nungambakkam Village, Egmore Circle, Chennai based on the letter issued by the 5th respondent bearing No.G.PIO/13993/2022 dated 12.01.2022. For Petitioner : Mr.L.Sivakumar For RR1 to 3, 6 to 8 : Mrs.V.Yamuna Devi, Spl.GP For R4 : Mr.D.B.R.Prabhu,Standing counsel For R5 : Mr.Thamaraiselvan For R9 : Mr.K.Shakespeare

ORDER

[Order of the Court was made by S.S.SUNDAR, J.,] (1)This vexatious litigation is filed by by the grandson of Late Thiru.S.Varaguna Rama Pandia Chinnathambiar, who is stated to be the last Zamindar of Sivagiri Zamin.

(2)The petitioner who claims to be the grandson of the last Zamindar of Sivagiri Zamin, states that the property situate in 51/2, Block No.10

Nungambakkam-Egmore Circle, Chennai, belongs to the legal heirs of Sivagiri Zamin. He states that the revenue records also stand in the name of the legal heirs of Sivagiri Zamin. It is the grievance of the petitioner that the 9th respondent without any title or right over the property, had constructed a College in the name of M.O.P.Vaishnav College for Women in the said land which belongs to the petitioner's family. (3)Earlier, the petitioner filed a writ petition in WP.No.21438/2021 seeking a direction for demolition of the unauthorised construction put up by the 9th respondent herein who is the 6th respondent therein. This Court, by order dated 03.02.2022, passed the following order:- ''7.

In the light of the submission of the learned counsel, this Court without going into the merits of the matter, directs the 5th respondent to pass orders on the revised application filed by the 6th respondent on 27.04.1999 in accordance with law, after affording an opportunity of personal hearing to the 6th respondent.''

for regularization of the building under the subsequent scheme which was introduced in the year 2012, covering construction upto the year 2007. The petitioner appears to have participated in the proceedings relating to the regularization application submitted by the 9th respondent. However, without disclosing the fact that the regularization application submitted by the 9th respondent before the Local Body is pending, the petitioner has come forward with the present writ petition with a prayer which is akin to the prayer in the earlier writ petition filed by him in WP.No.21438/2021. (5)On a closer scrutiny, the petitioner is a person who claims title to the property. He filed a civil suit in OS.No.

11864/2010 on the file of the learned V Additional Judge, City Civil Court, Chennai, against the 9th respondent herein challenging the sale that was made by the official Referee of this Court. It is further stated that the said suit was dismissed by a judgment and decree dated 30.09.2022 by the learned Judge. However, it is admitted that an appeal filed by the petitioner herein is pending before this Court.

before the competent authority. This Court is not inclined to entertain this Writ Petition filed by the petitioner.

(6)However, till such time the regularization application is considered on merits and disposed of by the 5th respondent, the question whether the building is unauthorised and liable to be demolished cannot be decided when we consider the issue on equitable principles. (7)This Court finds that the petitioner is a person having rival claim, raising serious dispute questioning the title of the 9th respondent. Even though he has pointed out before this Court, certain unauthorised constructions said to have been put up by the 9th respondent, the objection to the construction is on the basis of title dispute over the subject property. The official respondents are not competent decide the question of title. Hence, the 5th respondent is directed to dispose of the application filed by the 9th respondent for regularization of the construction.

respondent may take appropriate action if required against the 9th respondent herein. The petitioner is given liberty to prosecute his appeal. (8)This writ petition stands dismissed subject to the above observations and directions issued. No costs.

[S.S.S.R., J.] [N.S., J.] 06.02.2024 AP Internet : Yes

To 1.The Director Directorate of Town & Planning head Office at No.807, Anna Salai Chennai 600 002.