K.Ganapathi v. The Principal Secretary,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.03.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MR. JUSTICE N. SENTHILKUMAR and W.M.P.No.733 of 2024 K.Ganapathi ... Petitioner Vs.

1.The Principal Secretary, Housing and Urban Development, Government of Tamil Nadu, Secretariat, Fort St. George, Chennai - 600 009.

2.The Deputy Director, Town and Country Planning, GST Road, Chengalpattu.

3.The Assistant Director (Panchayat), Chengalpattu District, GST Road, Chengalpattu-1.

4.The Block Development Officer, GST Road, Kattankulathur, Chengalpet - 603 203.

5.The Village President, Kayarambedu Village Panchayat, No.655, Kannan Nagar, Kayarambedu, Chengalpattu District.

6.Karthikeyan 7.Sathya ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 to 5 herein, to take action against the respondents 6 and 7 for their illegal acts of unauthorized construction made in Plot Nos.2 and 1 respectively, in S.No.372/4, New S.No.372/4A situated at Kayarambedu Village, Chengalpattu Taluk and District, by considering the petitioner's representations dated 01.03.2023.

For Petitioner :

Mr.R.Edwin Solomon For R1 to R5 :

Mr.R.Vigneswaran Government Advocate For R6 :

Mr.J.Arokkiaraj For R7 :

Mr.M.Raja Sekhar

O R D E R

(Order of the Court was made by S.S. SUNDAR, J.) This writ petition is filed for issuance of a Writ of Mandamus directing the respondents 1 to 5 herein, to take action against the respondents 6 and 7 for their illegal acts of unauthorized construction made in Plot Nos.2 and 1 respectively, in S.No.372/4, New S.No.372/4A situated at Kayarambedu Village, Chengalpattu Taluk and District, by considering the petitioner's representations dated 01.03.2023.

2.From the submissions made by the learned counsel on either side, it appears that the petitioner has sold the property to the respondents 6 and 7 under a registered sale deed. However, it is stated that the petitioner's daughter has filed a suit in O.S.No.80 of 2020 to declare the sale deed as null and void. From the facts revealed before this Court, it appears that the petitioner's object is to get an order indirectly what the petitioner's daughter is seeking before the Civil Court. Therefore, for want of bona fides, this Court is not inclined to entertain this writ petition.

3.Therefore, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

(S.S.S.R., J.) (N.S., J.) 11.03.2024 mkn Internet : Yes Index : Yes / No To 1.The Principal Secretary, Housing and Urban Development, Government of Tamil Nadu, Secretariat, Fort St. George, Chennai - 600 009.

2.The Deputy Director, Town and Country Planning, GST Road, Chengalpattu.

3.The Assistant Director (Panchayat), Chengalpattu District, GST Road, Chengalpattu-1.

4.The Block Development Officer, GST Road, Kattankulathur, Chengalpet - 603 203.

5.The Village President, Kayarambedu Village Panchayat, No.655, Kannan Nagar, Kayarambedu, Chengalpattu District.

S.S. SUNDAR , J.

and N. SENTHILKUMAR, J.

mkn 11.03.2024