A.D.Dikkaram v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.12.2018 CORAM :

THE HON'BLE MRS.V.K.TAHILRAMANI, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE M.DURAISWAMY W.P. No.33340 of 2018 and W.M.P.No.38690 of 2018 A.D.Dikkaram .. Petitioner v.

1 The Commissioner Corporation of Greater Chennai Chennai - 600 003.

2 Chennai Metropolitan Development Authority through its Member Secretary Thalamuthu Nadarasan Maligai Pantheon Road, Chennai - 8 3 The Assistant Commissioner Zone 15, Corporation of Greater Chennai Sholinganallur Chennai - 600 119.

4 Mohanapriya Constructions By its Prop. Palani No.3/951 Pillaiyar Koil Street Manthoppu. Mettukuppam Chennai - 600 097 .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus, Directing the respondents 1 to 3 to take appropriate action against the 4th respondent by demolishing the portion of unauthorized construction at S.No.164/1, 1A, A2 in Ward No.194, Zone 15, Pillayar Koil Street, Manthoppu, Mettukuppam, Chennai - 600 097 under the provisions of Law and in order to the petitioner to get free light and air to the petitioner's building. For Petitioners : Mr.S.Balasubramanian For Respondents : Mr.V.C.Selvasekaran - for R1 to R3

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) This Writ Petition has been filed by the petitioner seeking a writ of mandamus directing the respondent Nos. 1 to 3 to take appropriate action against the respondent No.4 in relation to the unauthorized construction at S.No.164/1, 1A, A2 in Ward No.194, Zone 15, Pillayar Koil Street, Manthoppu, Mettukuppam, Chennai.

2.

Mr.V.C.Selvasekaran, learned counsel for the respondent Nos. 1 to 3 states that they have already issued notice dated 19.12.2018 to the respondent No.4 calling for approved plan within 10 days. The learned counsel further submitted that if the approved plan is not submitted within the period, they will issue lock and seal notice.

3. Thus, it is seen that the respondent Nos. 1 to 3 are taking steps in relation to the unauthorized construction put up by the respondent No.4.

4. In view of the submissions made by the learned counsel for the respondent Nos. 1 to 3, no further orders are necessary in the Writ Petition. The writ petition is closed. No costs. Consequently, the connected miscellaneous petition is also closed.

Sd/- Assistant Registrar //True copy// Sub Assistant Registrar Rj To 1 The Commissioner Corporation of Greater Chennai Chennai - 600 003.

2 Th Member Secretary, Chennai Metropolitan Development Authority Thalamuthu Nadarasan Maligai Pantheon Road, Chennai - 8

3 The Assistant Commissioner Zone 15, Corporation of Greater Chennai Sholinganallur Chennai - 600 119.

+2cc to M/s.S.Balasubramanian, Advocate SR.No.88789 W.P. No.33340 of 2018 and W.M.P.No.38690 of 2018 CP(CO) GMY(09/01/2019)