IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 01.03.2017 CORAM THE HON'BLE MR.HULUVADI G.RAMESH, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE R.MAHADEVAN W.P.No.5035 of 2017 Sandeep H.Soni .. Petitioner Vs.
1. The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajan Building No.1, Gandhi Irwin Road Egmore, Chennai 600 008.
2. Corporation of Chennai rep. by its Commissioner Rippon Buildings Chennai - 600 007.
3. The Government of Tamil Nadu Rep. by Additional Secretary to Government Housing and Urban Development Department Fort St. George, Chennai 600 009. .. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing the respondents to release the ground floor G-1 residential flat in premises bearing Nos. 13 and 14, New Nos. 29 and 31, Vadamalai Maistry Street, Kondithope, Chennai - 600 079 from the proceedings of the Chennai Metropolitan Development Authority initiated under the provisions of the Town and country Planning Act and allow the petitioner to occupy the same for his residential purpose pursuant to his representation dated 23.12.2016.
For Petitioner : Mr.S.Sadasharam For Respondents : Mr.M.K.Subramanian Government Pleader for 3rd respondent Mr.S.Rajasrinivas for 1st respondent Mr.V.C.Selvasekaran for 2nd respondent ORDER (Order of the Court was made by the Acting Chief Justice) Mr.S.Rajasrinivas, learned counsel takes notice for the first respondent. Mr.V.C.Selvasekaran, learned counsel takes notice for the second respondent and Mr.M.K.Subramanian, learned Government Pleader takes notice for the third respondent.
2. Heard the learned counsel for the parties.
3. The petitioner has filed this writ petition seeking issuance of a writ of Mandamus directing the respondents to release the ground floor G-1 residential flat in premises bearing Nos. 13 and 14, New Nos. 29 and 31, Vadamalai Maistry Street, Kondithope, Chennai - 600 079 from the proceedings of the Chennai Metropolitan Development Authority initiated under the provisions of the Town and country Planning Act and allow the petitioner to occupy the same for his residential purpose pursuant to his representation dated 23.12.2016.
4. The petitioner claims to be the absolute owner of undivided share of an extent of 183 Sq. Ft. of land over which construction has been put up by M/s.Mangalam Builders and Real Estate Limited, with whom the petitioner entered into a construction agreement. It is alleged that the CMDA initiated action under the provisions of the Tamil Nadu Town and Country Planning Act on the ground that there has been unauthorized construction. It is his case that there is no violation in the ground floor and, therefore, the respondents may be directed to release the ground floor from the action initiated and to permit the petitioner to occupy the same for his residential purpose. In this regard, he made a representation on 23.12.2016 to the respondent/authorities. However, no action was initiated by them. Hence, the present writ petition.
5. Considering the facts and circumstances of the case, we direct the respondent/authorities to consider the representation of the petitioner dated 23.12.2016 and do the needful in accordance with law within two months from the date of receipt of a copy of this order.
The writ petition is disposed of accordingly. No costs.
Index : No Internet : Yes sasi To:
1. The Member Secretary (H.G.R., ACJ.) (R.M.D., J.) 01.03.2017 Chennai Metropolitan Development Authority Thalamuthu Natarajan Building No.1, Gandhi Irwin Road Egmore, Chennai 600 008.
2. The Commissioner Corporation of Chennai Rippon Buildings Chennai - 600 007.
3. The Additional Secretary to Government Government of Tamil Nadu Housing and Urban Development Department Fort St. George, Chennai 600 009.
HULUVADI G.RAMESH,ACJ.
AND R.MAHADEVAN,J.
(sasi) W.P.No.5035 of 2017 01.03.2017 http://www.judis.nic.in