D.Ramesh v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.01.2025 CORAM :
THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MR. JUSTICE N. SENTHILKUMAR Rev.Appl. (Writ) No.203 of 2024 and W.M.P.Nos.36207 & 39940 of 2024 1.D.Ramesh 2.C.Senthilkumar Chinnathambi ... Petitioners Vs.
1.The Commissioner, Greater Chennai Corporation, Ripon Buildings, Chennai - 600 003.
2.The Zonal Officer, Greater Chennai Corporation, Zonal Office - 12, Puthu Street, Alandur, Chennai - 600 016.
3.C.Shanmugham ... Respondents
Prayer : Review Application filed under Order XLVII Rule 1 r/w. Section 114 of Code of Civil Procedure to review with regard to the findings and observations in the order passed by this Court in W.P.No.248 of 2024 dated 25.06.2024.
For Petitioners :
M/s.Karthikaa Ashok For R1 and R2 :
Mr.D.B.R.Prabhu Standing Counsel For R3 to R7 :
Mr.P.Sunil
O R D E R
(Order of the Court was made by S.S. SUNDAR, J.) This Review Application is directed against the order of this Court made in W.P.No.248 of 2024, dated 25.06.2024. 2.This Court has no reason to review the order dated 25.06.2024 made in W.P.No.248 of 2024. Even the review petitioners have not disputed the preliminary decree in the suit for partition in favour of the 3rd party who is not a party to the proceedings. Despite the fact that the third party is
recognized as co-owner in respect of the property, the review petitioners have admitted that they have put up construction in the property. Therefore, the construction is unauthorised as on date. Even the planning permission, if any, obtained will not confer any exclusive title to any portion of the property which is the subject matter of the suit for partition. In such circumstances, the direction by this Court treating the construction put up by the review petitioners as unauthorised, is perfectly valid. This Court, having regard to the admitted facts, finds no merit in the Review Application. 3.Therefore, this Review Application is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. (S.S.S.R., J.) (N.S., J.) 22.01.2025 mkn Internet : Yes Index : Yes / No To
1.The Commissioner, Greater Chennai Corporation, Ripon Buildings, Chennai - 600 003.
2.The Zonal Officer, Greater Chennai Corporation, Zonal Office - 12, Puthu Street, Alandur, Chennai - 600 016.
S.S. SUNDAR , J.
and
N. SENTHILKUMAR, J.
mkn Rev.Appl. (Writ) No.203 of 2024 22.01.2025