Disposed

M/s Sidharth Heights v. The Member Secretary

Madras HC2 Dec 2016WP/42442/2016

Case brief

AI extract

What is this about?

This writ petition challenged the third respondent's alleged conversion of common areas into residential flats at Sidharth Heights, violating the approved plan. The court directed the first respondent to conduct a site inspection within 15 days and pass appropriate orders within two months if violations are found. Appellate petitions were closed.

What did the court decide?

Directed the first respondent to inspect the site within 15 days and pass appropriate orders within 2 months if violation is found. Costs declined.

M/s Sidharth Heights Vs The Member Secretary — Writ and Judicial Review | Madras HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 02.12.2016

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CORAM :

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The Hon'ble MR.JUSTICE M.M.SUNDRESH AND The Hon'ble MR.JUSTICE R.MAHADEVAN

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W.P. No.42442 of 2016 and W.M.P.No.36327 and 36328 of 2016

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1.M/s.Sidharth Heights Apartment Owners Association, Rep. By its President Sri Raghavan. 2.Dr.J.S.Kumar 3.Vasudevan 4.Rajalakshmi

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5.Anandi Subramaniam

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6.Jafarullah Khan

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7.Jayasree Girish ... Petitioners

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-Vs-

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The Member Secretary, Chennai Metropolitan Development Authority, Chennai 600 006.

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The Commissioner, Corporation of Chennai, Ripon Building, Chennai 03.

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M/s.Sidharth Foundation & Housing Ltd., 124/1 (New No.14),

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G.N.Chetty Road, Off Habibulla Road,

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T.Nagar, Chennai 600 017.

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... Respondents

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Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the 1^st respondent to consider the representations dated 09.11.2016 and 15.11.2016 submitted by the 1^st petitioner and to prevent the conversion of the common areas into any residential flats or for commercial or other use by the 3^rd respondent in violation of the sanctioned plan in Ref.No:NC3/24467/2009 dated 06.02.2002 issued by the 1^st respondent.

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

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For Petitioner : Mr.T.Saikrishnan For Respondents : Mr.N.Sampath for R-1 : Mr.V.C.Selvasekaran for R-2

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O R D E R

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(Order of the Court was made by M.M.Sundresh, J.)

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The first petitioner-association consists of residents of a building complex “Sidharth Heights” situated at No.55, Arcot Road, Saligramam, Chennai-93. The approved plan was obtained from respondent no.1 in Ref.No:NC3/24467/2009 dated 06.02.2002. The construction, according to the petitioners, has been completed in 2004. Now, the grievance of the petitioners appears to be that respondent no.3 is attempting to convert the common area made as per the approved plan by trying to put up construction of residential building. Therefore, the petitioners have given two representations on 09.11.2016 and 15.11.2016 bringing it to the notice of the first respondent for taking appropriate action. As no immediate action is forthcoming, the present writ petition has been filed.

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2.Learned counsel appearing for respondent no.1 submits that appropriate action would be taken on the representations of the petitioners by following due process of law.

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3.Writ petition is, accordingly, disposed of by directing respondent no.1 to cause an inspection of the site within fifteen (15) days from today and if any violation is found, to pass appropriate orders on the representation of the petitioners dated 15.11.2016 after giving sufficient opportunity to the parties, namely the first petitioner as well as respondent no.3, within a period of two (2) months from the date of inspection. No costs. Consequently, W.M.P.Nos.36327 and 36328 of 2016 stand closed.

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Sd/Assistant Registrar(CO)

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Sub Assistant Registrar

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sra

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

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The Member Secretary, Chennai Metropolitan Development Authority, Chennai 600 006. 2. The Commissioner, Corporation of Chennai, Ripon Building, Chennai 03.

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+1cc to Mr.K.S.Natarajan, Advocate, S.R.No.71458
+1cc to Mr.N.Sampath, Advocate, S.R.No.71197
W.P.No.42442 of 2016
UG(CO)
CA(20/12/2016)

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

M/s Sidharth Heights v. The Member Secretary

Case brief

What is this about?

What did the court decide?

M/s Sidharth Heights v. The Member Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

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