D.James Nayagam v. The Commissioner,

WP. 37047 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-12-2024

CORAM

THE HONOURABLE MR JUSTICE R. SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN WP. 37047 of 2024 D.JAMES NAYAGAM S/O. DEIVASAGAYAM, NO.2/48, MUTHUMANI STREET, VARDHARAJAPET, CHOOLAIMEDU, CHENNAI -600 094.

PETITIONER(S) Vs THE COMMISSIONER, GREATER CHENNAI CORPORATION, RIPPON BUILDINGS, CHENNAI -3.

RESPONDENT(S) For Petitioner(s): Mr.S.Ganesan For Respondent(s): M/s.Aswini Devi. K, Standing Counsel for R1 to R3

ORDER

(Order of the Court was made by the Hon'ble Mr.R. Subramanian J) The petitioner seeks a mandamus, directing the Corporation to take action against illegal construction. Admittedly, the suit filed by the petitioner and his siblings in O.S.No.9222 of 2010 has been decreed and a decree for possession has been granted in favour of the petitioner and his siblings. The learned counsel is unable to tell us as to what happened to the said decree.

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2. Leaving it open to the petitioner to execute the decree, this Writ Petition is dismissed, since this Writ Petition itself is an abuse of process of Court by the person who has already been favored with a decree for possession. No costs. (R. SUBRAMANIAN J.) (C.KUMARAPPAN J.) 10-12-2024 kkn To

1. THE COMMISSIONER, GREATER CHENNAI CORPORATION, RIPPON BUILDINGS, CHENNAI -3.

2. THE ZONAL OFFICER, ZONE-6, GREATER CHENNAI CORPROATION, ANDARSAN STREET, AYANAVARAM, CHENNAI -600 023.

3. ASSISTANT ENGINEER, DIVISION-64, ZONE -6, GREATER CHENNAI CORPORATION, KOLATHUR,CHENNAI -600 016.

4. ST.JOSEPH CHARITY TRUST, REP. BY ITS TRUSTY MR. NO. 8, TEACHER GUILD COLONY, 1ST STREET, VILLIVAKKAM, CHENNAI.

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