S.Prakash Chand Jain, v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.04.2024 CORAM :
THE HON'BLE MR. JUSTICE S.S.SUNDAR AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR S.Prakash Chand Jain ..
Petitioner v.
1. The Secretary to Government Housing and Urban Development Department Fort St.George, Chennai 600 009
2. The Member Secretary Chennai Metropolitan Development Authority "Thalamuthu Natarajan Building"
No.150, Gandhi Irwin Salai Egmore, Chennai 600 008
3. The Commissioner Tambaram Municipal Corporation MRM Road, Tambaram Chennai 600 045
4. S.Sridhar
5. A.Johnson
6. T.Velusamy
7. G.Joseph Punitha Raja
8. B.Priya Paul
9. S.Paul 10.A.Millar Paul (R4 to R10 impleaded vide order dated 02.02.2018 in WMP.1602/2018 in WP.33979/17)..
Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records comprised in Letter No.ES3/17228/2002 dated 26.09.2017 on the file of the 2nd respondent, quash the same and consequently direct the respondents to demolish the unauthorized construction of the ground floor portion in the building situate in Door No.150, Velachery Main Road, Poondy Bazar, Selaiyur, Chennai 600 059.
For Petitioner ::
Mr.Anish Gopi for M/s P.B.Ramanujam Associates For Respondents ::
Mr.R.Vigneshwaran Government Advocate for R1 Mr.C.Manoharan Standing Counsel for R2 Mr.K.Anbarasan for R5 to R10 No appearance for R3 & R4
ORDER
(Order of the Court was made by S.S.SUNDAR,J.) The learned counsel appearing for the petitioner has now made an endorsement seeking withdrawal of the writ petition, subject to the liberty being preserved to the petitioner to pursue his civil rights.
2. With the liberty preserved to the petitioner to seek appropriate remedy before the civil forum to establish his civil rights and the damages, if any, he has suffered on account of unlawful or unauthorized construction, this writ petition is dismissed as withdrawn. No costs. Index : yes/no (S.S.S.R.,J.) (N.S.,J.) 01.04.2024 ss To
1. The Secretary to Government Housing and Urban Development Department Fort St.George Chennai 600 009
2. The Member Secretary Chennai Metropolitan Development Authority "Thalamuthu Natarajan Building"
No.150, Gandhi Irwin Salai Egmore, Chennai 600 008
3. The Commissioner Tambaram Municipal Corporation MRM Road, Tambaram Chennai 600 045
S.S.SUNDAR,J.
AND N.SENTHILKUMAR,J.
ss 01.04.2024