K.Prasana Ganesh v. The Member Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.02.2019

CORAM

THE HON'BLE MRS.V.K.TAHILRAMANI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.32946 of 2018

1. K.Prasana Ganesh

2. K.Bala Murugesh .. Petitioners Vs.

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

2 The Commissioner Greater Chennai Corporation Chennai.

3 M/s.Sendur Builders rep. by its Proprietrix, K.S.Roopa having registered office at Plot No.101, Karikalan Street Annai Indira Nagar, Velacherry Chennai - 600 042.

4 K.S.Roopa 5 K.R.Senthilkumar .. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of mandamus to direct the first respondent to remove the unauthorized construction put up by respondents 3 to 5 in Sendur Homes, situated at Plot No.9, New No.4, Anna Nagar, 1st Main Road, Velachery, Chennai - 600 042, comprised in Survey No.315, measuring an extent of 2400 Sq. Ft., Velachery Village, Mambalam-Guindy Taluk, now Velachery Taluk, Chennai District.

For Petitioners : Mr.S.Sundaresan For Respondents : Mr.Karthik Rajan for 1st respondent Mr.C.Ravichandran for 2nd respondent Mrs.Vijayakumari Natarajan for respondents 3 to 5

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Heard Mr.S.Sundaresan, learned counsel for the petitioners; Mr.Karthik Rajan, learned counsel for the first respondent; Mr.C.Ravichandran, learned counsel for the second respondent and Mrs.Vijayakumari Natarajan, learned counsel for respondents 3 to 5.

2. The petitioners are seeking directions to the first respondent, i.e., the Member Secretary, Chennai Metropolitan Development Authority, to remove the unauthorized construction put up by respondents 3 to 5 in Sendur Homes, situated at Plot No.9, New No.4, Anna Nagar, 1st Main Road, Velachery, Chennai - 600 042, comprised in Survey No.315, measuring an extent of 2400 Sq. Ft., Velachery Village, Mambalam-Guindy Taluk, now Velachery Taluk, Chennai District.

3. It is an admitted fact that on 21.1.2019, locking and sealing notice has been issued to respondents 3 to 5 and others, including the petitioners, who have put up unauthorized construction.

4. Looking to the facts that the authorities are taking action against the unauthorized construction, no further orders are necessary at this stage and this petition is closed. No costs. Consequently, W.M.P.Nos.38187 and 38192 of 2018 are closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar sasi

To:

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

2 The Commissioner Greater Chennai Corporation Chennai.

+1 cc to Mr.S.Sundaresan, Advocate SR.No.18964 +1 cc to Mr.Karthik Rajan, Advocate SR.No.19435 +1 cc to M/s.Vijayakumari Natarajan, Advocate SR.No.18099 W.P.No.32946 of 2018 KJ(CO) CSL/19.03.2019