The High Court of Madras dismissed this writ petition under Article 226, which was withdrawn by the petitioner seeking to file a civil suit for damages instead.
The writ petition was dismissed as withdrawn with liberty to file a civil suit for damages.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07-01-2019
CORAM :
THE HON'BLE DR.JUSTICE VINEET KOTHARI
AND
THE HON'BLE DR.JUSTICE ANITA SUMANTH
W.P.No.33063 of 2018
Habib Abdul Latif ...Petitioner -vs1.The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajan Maaligai, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008. 2.The Deputy Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajan Maaligai, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008. 3.The Commissioner, Corporation of Chennai, Rippon Building, EVR Salai, Chennai-600 003. 4.The Zonal Commissioner, Kilpauk Division, Corporation of Chennai, Rippon Building, EVR Salai, Chennai-600 003. 5.The Deputy Commissioner (Works), Corporation of Chennai, Rippon Building, EVR Salai, Chennai-600 003. 6.Rainbow Foundations Ltd., rep.by its Managing Director, # 4, Thanikachalam Road, T.Nagar, Chennai-600 017. ...Respondents
Petition under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, to direct respondents 1 and 2 to take immediate action on the representation of the petitioner, dated 15.11.2018, to stop illegal, unauthorised, uncontrolled remaining demolition of the concrete structure as well as further Multi-storey Building (MSB) construction activities in the place of Motcham Theatre at Door No.11, Millers Road, Kilpauk, Chennai, which are in contravention of the Rules and Regulations of CMDA.
For petitioner : Mr.Karthik,
Senior Counsel,
for Mr.R.Gopinath.
For respondents
No.1 & 2 : Mr.S.Thiruvengadam
For respondents
No.3,4 & 5 : Mr.V.C.Selvasekaran
For respondent
No.6 : Mr.T.Sirish Chowdhary
For M/s.T.M.Naidu & Co.
ORDER
[Order of the Court was made by Dr.Vineet Kothari,J.]
Learned counsel for the petitioner wants to withdraw this Writ Petition, with liberty to file appropriate Civil Suit for damages caused to the property of the petitioner on account of the alleged illegal demolition and fresh construction being carried out by sixth respondent viz., Rainbow Foundations Limited. He has also made an endorsement in the petition to that effect.
dixit Sd/Assistant Registrar(CS III) //True Copy//
Sub Assistant Registrar
To
1.The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajan Maaligai, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008. 2.The Deputy Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajan Maaligai, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008. 3.The Commissioner, Corporation of Chennai, Rippon Building, EVR Salai, Chennai-600 003. 4.The Zonal Commissioner, Kilpauk Division, Corporation of Chennai, Rippon Building, EVR Salai, Chennai-600 003. 5.The Deputy Commissioner (Works), Corporation of Chennai, Rippon Building, EVR Salai, Chennai-600 003. +1cc to Mr.S.Thiruvengadam, Advocate, S.R.No.1588 +1cc to Mr.R.Gopinath, Advocate, S.R.No.1810 +1cc to M/s.T.M.Naidu & Co., Advocates, S.R.No.2357
W.P.No.33063 OF 2018
PPA(CO) KAK(20/02/2019)
Habib Abdul Latif
The Member Secretary, Chennai Metropolitan Development Authority
The Deputy Member Secretary, Chennai Metropolitan Development Authority
The Commissioner, Corporation of Chennai
The Zonal Commissioner, Kilpauk Division, Corporation of Chennai
Rainbow Foundations Ltd.
VINEET KOTHARI
ANITA SUMANTH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
