Dismissed

M.Sarada v. Commissioner of Corporation

Madras HC14 Jul 2015WP/21088/2015

Case brief

AI extract

What is this about?

In this writ petition under Art. 226 seeking demolition of unauthorized construction, the single judge observed that a civil suit regarding the petitioners title to the disputed property is pending. Consequently, the writ petition was not entertained, directing the petitioner to approach the Civil Court for appropriate relief.

What did the court decide?

The writ petition is disposed of with liberty to approach the Civil Court where the suit is pending for appropriate relief.

M.Sarada Vs Commissioner of Corporation — Landlord and Tenant | Madras HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 14.07.2015

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CORAM:

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THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI

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AND

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THE HON'BLE MR.JUSTICE M.VENUGOPAL

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W.P. No. 21088 of 2015

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Ms. Sarada Petitioner

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vs.

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The Commissioner of Corporation, Corporation of Madras.3.

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The Chief Metropolitan Development Authority,

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No.1 Ground Floor, Thalamuthu Natarajan Buildings, Gandhi Erwin Road, Egmore, Chennai.8.

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Mrs. Valarmathi Respondents

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Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the 1st and 2nd respondents to demolish the unauthorized construction on public road Sivanthi Avenue I Cross Street, Nerkundrum, Chennai.

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For petitioner : M/s. M.V. Seshamma

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For respondents :Mr. R. Arunmozhi - R1

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Mr. C. Johnson - R2

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ORDER

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(Order of the Court was made by SATISH K. AGNIHOTRI, J.)

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With the consent of both parties, this writ petition is taken up for final disposal.

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This writ petition is filed seeking a direction to the respondents 1 and 2 to demolish the unauthorized construction on public road viz., Sivanthi Avenue I Cross Street, Nerkundrum, Chennai.

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The dispute in respect of the petition mentioned property in T.S.No. 203/2B, Sivanthi Avenue I Cross Street, Nerkundrum Chennai, . No.203/2B is pending consideration in O.S.No. 140/14 on the file of the Court of District Munsif, Poonamallee. The petitioner herein is the defendant in the said suit and as such, there is no reason to https://hcservices.ecourts.gov.in/hcservices/ entertain this writ petition at this stage. The petitioner herein is at liberty to approach the Civil Court, where the suit is pending,

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for appropriate relief, if so advised, under the provisions of law.

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This writ petition is disposed of accordingly. No costs.

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Sd/-
Assistant Registrar
True Copy
Sub Assistant Registrar
ra
To
1. The Commissioner of Corporation,
Corporation of Madras.3.
2. The Chief Metropolitan Development Authority,
No.1 Ground Floor,
Thalamuthu Natarajan Buildings,
Gandhi Erwin Road, Egmore,
Chennai.8.
3.The District Munsif Court, Poonamallee
1 cc to Mr.R. Arunmozhi , Advocate Sr.No.35539
1 cc to Mr. C. Johnson , Advocate Sr.No.35523
W.P. No.21088 of 2015
svi(co)
pmk.28.7.2015

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https://hcservices.ecourts.gov.in/hcservices/

M.Sarada v. Commissioner of Corporation

Case brief

What is this about?

What did the court decide?

M.Sarada v. Commissioner of Corporation

Case brief

What is this about?

What did the court decide?

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