Petitioner sought writ to demolish unauthorized construction. Respondents noted building is locked and seal. Pending connected NCLT insolvency proceedings regarding Vasavi Builders compel closing this writ petition with liberty to approach appropriate forum.
Writ petition closed with liberty to the petitioner to approach the appropriate Forum.
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W.P.No.13686 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.10.2023
CORAM
THE HONOURABLE Mrs. JUSTICE J.NISHA BANU
AND
THE HONOURABLE Mrs.JUSTICE N.MALA
W.P.No.13686 of 2023
D.Samuel Surendran
.... Petitioner
vs
Chennai - 600 009.
Chennai - 600 008.
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W.P.No.13686 of 2023
10.Jacob Thankamony
Page 2/7
W.P.No.13686 of 2023
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents 1 to 3 to initiate action under Tamil Nadu Town and Country Planning Act, 1905 and the Chennai City Municipal Corporation Act, 1919 by immediately acting in furtherance to the lock and seal notice No.05/2016/Dn.200 dated 19.01.2017 and demolish the unauthorised construction of the building.
For Petitioner : Mr.Dhanaram Ramachandran For Respondents : Mrs.Maithreye Chandru, Special Government Pleader for R1 Mr.R.Sivakumar, Standing Counsel for R2 Mr.D.B.R.Prabhu Standing Counsel for R3 Mr.G.Gauthamram Vital For R4 to R9, R11 & R12, R14 to R17, R19 to R21 and R23 No appearance for R10, R13,R18, R22 & R24 R25-batta not filed Mr.N.Umapathi for R26 & R27
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W.P.No.13686 of 2023
ORDER
(Order of the Court was made by J.NISHA BANU, J.,)
This Writ Petition has been filed to issue a Writ of Mandamus to direct
the respondents 1 to 3 to initiate action under Tamil Nadu Town and Country Planning Act, 1905 and the Chennai City Municipal Corporation Act, 1919 by immediately acting in furtherance to the lock and seal notice No.05/2016/Dn.200 dated 19.01.2017 and demolish the unauthorised construction of the building.
W.P.No.13686 of 2023
construction and for other reliefs.
(J.N.B., J.) (N.M., J.) 05.10.2023
vsi Index : Yes / No
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To
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W.P.No.13686 of 2023
J. NISHA BANU, J. and N.MALA, J.
vsi
W.P.No.13686 of 2023
05.10.2023
Page 7/7
2 issues framed by the court
Whether the Writ Court ought to direct authorities to demolish unauthorised construction pending connected insolvency proceedings.
Whether matters involving Vasavi Builders and home buyers should be adjudicated by the NCLT given Section 60(3) of IBC 2016.
3 provisions across 3 enactments
D.Samuel Surendran
The Secretary to Government, Government of Tamilnadu, Housing and Urban Development
The Member Secretary, Chennai Metropolitan Development Authority
The Commissioner, Greater Chennai Corporation
M/s. Vasavi Builders
J.NISHA BANU
N.MALA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
