M.Vijaya Kannan v. The Chennai Metropolitan Development Authority,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.12.2022

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI and THE HONOURABLE MRS. JUSTICE R.HEMALATHA Writ Petition No.33048 of 2022 M.Vijaya Kannan .. Petitioner Vs.

1.The Chennai Metropolitan Development Authority Represented by its Member Secretary Thalamuthu Natarajan Maaligai Egmore, Chennai, Chennai District.

2.The District Collector Thiruvallur District Thiruvallur.

3.The Block Development Officer Cholavaram Thiruvallur District.

4.The Panchayat Secretary Karanodai Panchayat Cholavaram Panchayat Union Thiruvallur District.

5.R.Jayachandran .. Respondents 1/6

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the 1st respondent to consider the petitioner's representation dated 05.03.2022 to demolish a marriage hall situated at Village Natham old Survey No.65/1, new survey No.140/5, to an extent of 3483 sq.ft. in Laxmi Amman street, Karanodai Village, Thiruvallur District, in a stipulated time framed by this Court.

For Petitioner : Mr.K.Thenrajan For R1 : Mr.C.N.Vinobha Standing Counsel For R2 to R4 : Mr.A.Selvendran Special Government Pleader

O R D E R

(Order of the Court was delivered by V.M.VELUMANI,J.) Writ Petition is filed for a direction to the 1st respondent to consider the petitioner's representation dated 05.03.2022 to demolish a marriage hall situated at Village Natham old Survey No.65/1, new survey No.140/5, to an extent of 3483 sq.ft. in Laxmi Amman street, Karanodai Village, Thiruvallur District, in a stipulated time framed by this Court. 2.By consent of both the learned counsel appearing for the petitioner as well as Mr.C.N.Vinobha, the learned Standing Counsel, who 2/6

takes notice for the 1st respondent and Mr.A.Selvendran, the learned Special Government Pleader, who takes notice for the respondents 2 to 4, the Writ Petition is taken up for final disposal at the stage of admission itself.

3.According to the petitioner, the 5th respondent constructed a marriage hall in the name and style of Annai Parvathi Mahal, situated at Village Natham old Survey No.65/1, new survey No.140/5, to an extent of 3483 sq.ft. in Laxmi Amman street, Karanodai Village, Thiruvallur District, in a residential area without obtaining approval and permission from the authorities. In such circumstances, the petitioner sent representation dated 29.12.2021 to the 3rd respondent, representation dated 06.01.2022 to the 2nd respondent and representation dated 11.01.2022 to the 4th respondent to take action and demolish the unauthorised marriage hall. The respondents 2 to 4 have not taken any steps and hence, the petitioner sent a representation dated 05.03.2022 to the respondents 1 to 4 for taking action for demolishing the unauthorised marriage hall. Since no action has been taken, the petitioner has come out with the present writ petition for a direction to the 1st respondent to consider his representation dated 05.03.2022 and to demolish the marriage hall put up by the 5th respondent.

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4.Considering the nature of relief sought for in the present writ petition, the respondents 1 to 4 are directed to inspect the property in question within 15 days from the date of receipt of a copy of this order, after issuing notice to the petitioner as well as 5th respondent and if found any unauthorised construction has been put up by the 5th respondent, the respondents 1 to 4 are directed to take appropriate action against the 5th respondent as per the provisions and in accordance with law. 5.With the above directions, the writ petition is disposed of. No costs.

(V.M.V., J) (R.H., J) 09.12.2022 Index : Yes/No Internet : Yes / No kj 4/6

To 1.The Chennai Metropolitan Development Authority Represented by its Member Secretary Thalamuthu Natarajan Maaligai Egmore, Chennai, Chennai District.

2.The District Collector Thiruvallur District Thiruvallur.

3.The Block Development Officer Cholavaram Thiruvallur District.

4.The Panchayat Secretary Karanodai Panchayat Cholavaram Panchayat Union Thiruvallur District.

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V.M.VELUMANI,J.

and R.HEMALATHA,J.

Kj Writ Petition No.33048 of 2022 09.12.2022 6/6