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Madras High CourtWP/35758/2023disposed of

Smitha Arons v. The Secretary

2025-04-01Honourable Mr Justice M. Sundar,Honourable Mrs Justice K. Govindarajan Thilakavadi5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.04.2025

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI 1.

Mrs.Smitha Arons W/o.Michael Arons 2.

Mrs.Shruti Reddy W/o.Leo Bune

...Petitioners

Vs 1.

The Secretary Housing and Urban Development Department Fort St.George, Chennai-600 009.

2.

The Member Secretary Chennai Metropolitan Development Authority No.8, Gandhi Irwin Road Egmore, Chennai-600 008.

3.

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

4.

The Zonal Executive Engineer Zone-IX, Corporation of Chennai No.1, Lake Area, 4th Cross Street Page Nos.1/5

Nungambakkam, Chennai-600 034.

5.

P.Viresh Reddy S/o.P.Pradyumna Reddy 6.

P.Vishal Reddy S/o.P.Pradyumna Reddy 7.

P.Pradyumna Reddy S/o.P.Chenga Reddy.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 2, 3 and 4 to take action on the unauthorized construction in pursuance of the order passed by the 2nd respondent No.G/UTM/6388/2022 dated 22.07.2022 and also order passed by the first respondent No.3743/UD-VI(2)/2021-2 dated 2.6.2021 on the unauthorized construction on the property bearing No.8/20, Rutland Gate, 4th Street, Nungambakkam, Chennai-600 006. For Petitioners :

Mr.T.Srikrishna Bhagavat For Respondents :

Mr.V.Ravi, Special Government Pleader, for R1 Mr.R.Thamaraiselvan Standing Counsel, for R2 Mr.D.B.R.Prabhu Standing Counsel, for R3 & R4 Ms.B.Parithika Devi representing M/s.P.Wilson Associates (Law Firm) for R5 to R7

O R D E R

Page Nos.2/5

[Order of the Court was made by M.SUNDAR, J.,] Captioned 'Writ Petition' {'WP'} is listed under the cause list caption 'FOR DISMISSAL' owing to there being no representation for writ petitioners in the last listing on 28.03.2025.

2. Today, Mr.T.Srikrishna Bhagavat, learned counsel on record for writ petitioners expresses regret for missing the matter in the previous listing. Cause list caption 'FOR DISMISSAL' stands removed.

3. As regards the prayer, Mr.D.B.R.Prabhu, learned Standing Counsel for GCC submits that action has since been initiated and premises concerned has been locked and sealed on 21.03.2025. It remains locked and sealed is the say of learned Standing Counsel for GCC. This submission is recorded.

4. This Court is of the considered view that this will suffice to give a closure to the captioned WP leaving open all other questions. Captioned WP disposed of in the aforesaid manner with the Page Nos.3/5

observation that all other questions are left open. There shall be no order as to costs.

[M.S.,J.] [K.G.T.,J.] 01.04.2025 Index : Yes / No Speaking order / Non-speaking order mk To 1.

The Secretary Housing and Urban Development Department Fort St.George, Chennai-600 009.

2.

The Member Secretary Chennai Metropolitan Development Authority No.8, Gandhi Irwin Road Egmore, Chennai-600 008.

3.

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

4.

The Zonal Executive Engineer Zone-IX, Corporation of Chennai No.1, Lake Area, 4th Cross Street Nungambakkam, Chennai-600 034.

Page Nos.4/5

M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., mk 01.04.2025 (2/2) Page Nos.5/5