A.Dhakshnamoorthy v. Electricity Board
Case at a glance
- Bench
- P SATHASIVAM
Provisions considered
Key paragraphs
- Para 55.A.Krishnamoorthy .. RespondentsWrit petition filed under Article 226 of the Constitution of Indiapraying to issue a Writ of Mandamus to direct respondents 1 and 2 to demolish the newly constructed unauthorised building at old door No.8-B,New door No.33, Vembuliamman Koil Street, K.K.Nagar, Chennai-600 078 in…
Judgment
In the High Court of Judicature at MadrasDated: 13.03.2007Coram: The Honourable Mr.Justice P.SATHASIVAMandThe Honourable Mr.Justice N. PAUL VASANTHAKUMARW.P.No.47169 of 2006 & M.P.No.1 of 2006A.Dhakshnamoorthy .. PetitionerVs..
Chennai Metropolitan Development Authority, rep. by its Member Secretary, No.8, Gandhi Irwin Road, Egmore, Chennai-600 008.
The Corporation of Chennai, rep. by its Commissioner, Rippon Buildings, Chennai-600 003.
The Assistant Engineer, Tamil Nadu Electricity Board, K.K.Nagar West, MGR Nagar Main Road, Chennai-600 078.
Chennai Metropolitan Water Supply and Sewerage Board, No.1, Pumping Station Road, Chennai-600 002.
A.Krishnamoorthy .. RespondentsWrit petition filed under Article 226 of the Constitution of Indiapraying to issue a Writ of Mandamus to direct respondents 1 and 2 to demolish the newly constructed unauthorised building at old door No.8-B,New door No.33, Vembuliamman Koil Street, K.K.Nagar, Chennai-600 078 in accordance with the provisions of the Chennai City Municipal CorporationAct, 1919 within the time stipulated by this Court. https://hcservices.ecourts.gov.in/hcservices/ For Petitioner : Mr.K.PremkumarFor 1st respondent : Mr.J.RavindranFor 2nd respondent : Mr.L.N.PraghasamFor 5th respondent : Mr.P.B.Ramanujam for Mr.B.K.SrinivasanORDER (Order of the Court was made by P.SATHASIVAM,J.)The petitioner has filed the above writ petition to issue a writ ofmandamus directing respondents 1 and 2 to demolish the newly constructed unauthorised building at old door No.8-B, New door No.33, VembuliammanKoil Street, K.K.Nagar, Chennai-600 078 in accordance with the provisions of the Chennai City Municipal Corporation Act, 1919.
2. Pursuant to the direction of this Court, the first respondent has filed a counter affidavit, wherein it is stated that during the course of inspection on 28.12.2006, it was noticed that the construction of the fifth respondent is in the ground floor RCC structure with three shops and an A/C sheet shed on the rear side are in existence and no approval details are available at the site. Accordingly, the stop work notice was issued by CMDA vide notice No.D/3151/2006, dated 28.12.2006 calling for approved plan. In addition to the same, it is stated that the Corporation of Chennai was requested to take necessary action under the powers delegated by CMDA in letter No.EC3/26152/06 dated 29.12.2006 witha copy marked to the petitioner. 3. In addition to the above information, the learned counsel appearing for the second respondent informs that notice under Section 236of Madras City Municipal Corporation Act has already been issued on19.12.2006 to the fifth respondent.4.
In view of the above information, viz., that the statutory authorities, i.e. respondents 1 and 2 are taking appropriate steps, weare of the view that no further direction is required in this writ petition. Accordingly, the same is closed. No costs. Consequently,M.P. No.1 of 2006 is also closed. Sd/-Asst. Registrar./true copy/Sub Asst. Registrar.raa https://hcservices.ecourts.gov.in/hcservices/ To1.The Member Secretary Chennai Metropolitan Development Authority, No.8, Gandhi Irwin Road, Egmore, Chennai-600 008.2.The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai-600 003.3.The Assistant Engineer, Tamil Nadu Electricity Board, K.K.Nagar West, MGR Nagar Main Road, Chennai-600 078.4.Chennai Metropolitan Water Supply and Sewerage Board, No.1, Pumping Station Road, Chennai-600 002.+ 1 CC To Mr. L.N.Praghasam, Advocate SR NO. 15501+ 1 CC To Mr. B.K.Sreenivasan, Advocate SR NO. 15448+ 1 CC To Mr. J.Ravindran, Advocate SR NO.15859+ 1 CC To Mr. K.Premkumar, Advocate SR NO. 15792 W.P.No.47169 of 2006gb[co]gp/21.3.
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