N.Sekar v. The Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.02.2016
CORAM:
THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE M.VENUGOPAL W.P. No.5737 of 2016 N.Sekar
...Petitioner
vs.
1.The Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai - 9.
2.Chennai Metropolitan Development Authority rep. by its Member Secretary, Thalamuthu Natarajan Maligai, No.8, Gandhi Irwin Road, Chennai - 8.
3.Corporation of Chennai rep. by its Commissioner, 111, Periyar EVR Salai, Chennai - 3.
4.The Regional Deputy Commissioner, 5.The Executive Engineer, TP Enforcement, Office of the RDC Central, 6.R.Suganya 7.M.Rangaswamy
8.A.Venkata Krishnan 9.J.R.Krishnan 10.V.G.Kannan 11.K.R.Palaniappan 12.R.Samuel 13.Nithya Celene Yesdian 14.Gigie A.Verghese 15.V.Bhuvaneswari 16.Soundari @ Samuthiram 17.Sumathy Dora Manoranjini 18.G.Appakudam 19.V.Mangalam 20.N.K.Natarajan 21.T.Venkatesan 22.R.Ganapathy 23.V.Thiraviam 24.B.Vijayakumari 25.Juliet Selvakumar 26.A.Sankar Raj 27.Anandraj Swaminathan 28.Sahayamary 29.M.S.Chandrasekaran 30.N.S.Shanmugam 31.Vijayan 32.Kalpakkam Santhanam 33.Venugopal 34.Appees 35.G.Narayan Babu 36.S.Tamil Selvi 37.Elliot Lionel Samson 38.N.R.Dhanaraj 39.Balagopalan 40.Arunachalam 41.D.Balasubramani 42.,Hari Baskar 43.Andrew Rajkumar
...Respondents
Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 2 to 5 to demolish the unauthorised constructions erected by the respondents 6 to 43 at Block Nos.331 to 335, Galaxy Apartment, 2nd Avenue, Anna Nagar, Chennai - 40 pursuant to the appeal rejected by the first respondent vide G.O.(3D) No.6 dated 11.01.2016 and for rejection of regularisation application dated 25.09.2014 by the second respondent.
For Petitioner ..
Mr.G.Palani For Respondents..
Ms.A.Srijayanthi, Spl. Govt. Pleader for R1 Mr.N.Sampath, Standing Counsel for R2 Mr.R.Arunmozhi, Standing Counsel for R3 to R5
ORDER
(Order of the Court was made by SATISH K. AGNIHOTRI, J.) Ms.A.Srijayanthi, learned Special Government Pleader accepts notice on behalf of the first respondent. Mr.N.Sampath, learned Standing Counsel accepts notice on behalf of the second respondent and Mr.R.Arunmozhi, learned Standing Counsel, accepts notice on behalf of respondents 3 to 5. Notice to private respondents is dispensed with at this stage, as, no adverse order is passed against them in this writ petition. Thus, with the consent of the learned counsel for the petitioner, learned Special Government Pleader for the first respondent and the learned Standing Counsel for respondents 2 to 5, the writ petition is taken up for final disposal, at the admission stage itself.
2.In this petition, the petitioner, who was permitted to participate in the proceedings preferred by R.Sukanya and 20 others in respect of the alleged encroachment, has come up with this petition, seeking a direction to the authorities to comply with the proceedings in G.O.(3D) No.6 Housing and Urban Development (UD-VI(2)) Department dated 11 January 2016. 3.On 11 January 2016, the application filed by the private respondents was rejected with a direction to Chennai Metropolitan Development Authority to pursue further action. The order sought to be implemented was passed by the first respondent on 11 January 2016. Without giving reasonable time to the authorities to comply with the proceedings, the petitioner has come up with this petition.
4.We are not inclined to interfere as this Court cannot be converted into an executing court, if the authorities are not complying with the order. The petitioner is at liberty to approach the Secretary concerned, with a request to ensure that the order rendered by him is complied with by the authorities within a reasonable time.
5.Mr.N.Sampath, learned standing counsel for the second respondent submits that the proceedings of the first respondent
dated 11 January 2016 will be complied with, within a period of two weeks from today.
6.In view of the above submission made by the learned standing counsel for the second respondent, it is ordered accordingly.
7.With the aforestated observation, the writ petition stands disposed of. No costs.
Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To 1.The Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai - 9.
2.The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajan Maligai, No.8, Gandhi Irwin Road, Chennai - 8.
3.The Commissioner, Corporation of Chennai 111, Periyar EVR Salai, Chennai - 3.
4.The Regional Deputy Commissioner,
5.The Executive Engineer, TP Enforcement, Office of the RDC Central, +1cc to M/S.G.Palani, Advocate, S.R.No.9906 +1cc to M/S.R.Arunmozhi, Advocate, S.R.No.10000 +1cc to M/S.N.Sampath, Advocate Sr.10087 W.P.No.5737 of 2016 rsk(CO) srg(18/02/2016)