S.Vijaya Raghavan v. The Member Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.01.2019
CORAM:
THE HON'BLE MR.JUSTICE V.BHARATHIDASAN W.P. No. 34142 of 2018 & WMP.No.39671 of 2018 S.Vijaya Raghavan ... Petitioner -Versus1.The Member Secretary, CMDA, Egmore, Chennai-600 008.
2.The Commissioner, Corporation of Chennai, Ripon Buildings,Chennai-600 003.
3.The Zonal Officer, Corporation of Chennai Lake Area, Zone No.09 Nungambakkam, Chennai-600 034.
4.M/s. Arihant Foundation and Housing Limited, Represented by its Director, Ganapathy Colony 3rd Street, Teynampet, Chennai 600018.
... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus to direct the respondents 2 and 3 to consider the representation dated 3.12.2018 and 7.12.2018 for prohibiting the 4th respondent herein from carrying out any construction/re-construction work at Old No.3 New No.9 and old No.8, New No.1, Ganapathy Colony 2nd street, Cenotaph 2nd Lane, Teynampet, Chennai-600 018 without providing any cover or shield in the above premises. For Petitioner : Mr.A.V.Arun For Respondents Mr.P.S.Ganesh for R1 Mrs.Karthika Ashok for R2 & R3
ORDER
This writ petition has been filed seeking a writ in the nature of mandamus to the respondents 2 and 3 to consider the representations of the petitioner dated 03.12.2018 and 7.12.2018 and to restrain the 4th respondent from carrying out any construction / re-construction work without taking adequate precautionary measures to cover or shield the proposed construction site.
2. The case of the Petitioner is that he has been residing at Ganapathy Colony 2nd Street, Cenotaph 2nd Land in Teynampet, Chennai for about 50 years and the property adjacent to his property belongs to the 4th respondent wherein a three storyed old building is situated. The 4th respondent has started demolishing his old structures without taking precautionary measure to cover or shield the site while carrying out the demolishing work. The grievance of the petitioner is that he is being put to severe damages due to falling of debris and dust following the demolition work which is being carried out by the 4th respondent.
3. Earlier notice was ordered to the respondents. Today, when the matter came up for hearing, the learned standing counsel for the respondents 2 and 3 submitted that the 4th respondent had already demolished the entire building and the debris were also removed by him. She has produced the photographs to support her contentions.
4. Considering the above facts and circumstances, nothing remains in this writ petition for further adjudication and therefore, the writ petition is closed recording the submission of the learned standing counsel for the respondents 2 and 3. However, if the petitioner feels that any damage has been caused to her, it is always open to her to workout her remedy in the manner known to law. No costs. Consequently, connected WMP is closed.
Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar
mpa/kmk To 1.The Member Secretary, CMDA, Egmore, Chennai-600 008.
2.The Commissioner, Corporation of Chennai, Ripon Buildings, Chennai-3.
3.The Zonal Officer, Corporation of Chennai Lake Area, Zone No.09, Nungambakkam, Chennai-600 034.
+1cc to M/S.Karthika Ashok, Advocate Sr.2477 +1cc to M/S.P.S.Ganesh, Advocate sr.2419 +1cc to M/S.A.V.Arun, Advocate Sr.2280 W.P. No. 34142 of 2018 & WMP.No.39671 of 2018 rr[co] srg 21/02/2019