R.Ramar v. The Member Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.12.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY R.Ramar .. Petitioner Vs 1 The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajan Maaligai, No.1 Gandhi Irwin Road Egmore Chennai - 600 008.

2 The Commissioner Corporation of Chennai Ripon Building Chennai - 600 003.

3 The Executive Engineer Zone XIII Corporation of Chennai No.115 Dr.Muthulakshmi Salai LB Road Adyar Chennai - 600 020.

4 Regal Palm Garden Apartment Owners Association Represented by its Vice President 383 Velachery Tambaram Road Velachery, Chennai - 600 042.

.. Respondents (R4 impleaded as per order dated 14.7.2017)

Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 1 to 3 to take necessary action to remove the encroachments made in the entire OSR land comprised in Survey Nos.256/2 part, 325/1 part, 325/2 part, 325/3 part of Velachery Village, Seetharam Nagar, Velachery, Chennai, which has been gifted to the Chennai Metropolitan Development Authority (CMDA) as Open Space Reservation (OSR) vide Document No.948 of 2002 at SRO, Velacherry and thereby retrieve the entire OSR land forthwith and to secure the same.

For the Petitioner : No appearance For the Respondents : Mrs.P.Veena Suresh for 1st respondent : Mr.A.Arun Babu Standing Counsel for respondents 2 and 3 : Mr.Hari Krishnan for M/s.McGan Law Firm for 4th respondent

ORDER

(Order of the court was made by the Hon'ble Chief Justice) There is no representation on behalf of the petitioner. Heard Mrs.P.Veena Suresh, learned counsel for the first respondent; Mr.A.Arun Babu, learned Standing Counsel for respondents 2 and 3; and Mr.Hari Krishnan, learned counsel for the fourth respondent.

2. Learned Standing Counsel for the Corporation submits that possession of the OSR land is taken by the Corporation and the public were also permitted inside. A status report is also filed.

3. On 13.10.2023, none appeared for the petitioner. We adjourned the matter to 14.12.2023. Today also none appears for the petitioner.

4. As none appears for the petitioner and also in view of the status report, the writ petition stands dismissed. There will be no order as to costs. Consequently, W.M.P.No.19133 of 2017 is closed.

(S.V.G., CJ.) (D.B.C., J.) 14.12.2023 Index :

Yes/No Yes/No sasi

To:

1 The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajan Maaligai, No.1 Gandhi Irwin Road Egmore Chennai - 600 008.

2 The Commissioner Corporation of Chennai Ripon Building Chennai - 600 003.

3 The Executive Engineer Zone XIII Corporation of Chennai No.115 Dr.Muthulakshmi Salai LB Road Adyar Chennai - 600 020.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.

(sasi) 14.12.2023