This order dismisses a writ petition seeking a mandate to stop alleged illegal construction on residential premises. The Court held that since a civil suit is pending on the same cause of action, the writ petition cannot be entertained.
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.
W.P.No.1582 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.08.2023
CORAM
THE HONOURABLE Mrs.JUSTICE J.NISHA BANU and
THE HONOURABLE Mrs.JUSTICE N.MALA
W.P.No.1582 of 2021
and
W.M.P.Nos.1788 & 1791 of 2021
C.Devendra Prasad ...Petitioner
vs
Chennai - 600 003.
Chennai - 600 034.
1/5
W.P.No.1582 of 2021
4. C.Sampathkumar
5. S.Dineshkumar
Writ Petition filed under Article 226 of the Constitution to issue a Writ of Mandamus to direct the respondents 1 to 3 to take appropriate action as against the respondents 4 to 6, who made illegal construction made in second floor of door No.157/518, TTK Road, Alwarpet, Chennai - 600 018 in accordance with law on the basis of petitioner complaints dated 07.12.2020, 26.12.2020, 30.12.2020 & 31.12.2020.
For Petitioner : Mr.S.Marudhachalamurthy For Respondents : Mr.E.C.Ramesh Standing Counsel for R1 to R3 Mr.A.Umasankar for R4 to R6
O R D E R
This Writ Petition has been filed to issue a Writ of Mandamus to
direct the respondents 1 to 3 to take appropriate action as against the respondents 4 to 6, who made illegal construction made in second floor of
Door No.157/518, TTK Road, Alwarpet, Chennai - 600 018 in accordance with law on the basis of petitioner complaints dated 07.12.2020,
W.P.No.1582 of 2021
26.12.2020, 30.12.2020 & 31.12.2020.
Counsel for the Corporation that the civil suit is pending on the same cause of action, this Writ Petition cannot be entertained. Accordingly, this Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.
(J.N.B.,J.) (N.M.,J.) 16.08.2023
Index:Yes/No Speaking/Non-speaking order vsi
W.P.No.1582 of 2021
To
W.P.No.1582 of 2021
J.NISHA BANU,J. and N.MALA,J.
vsi
W.P.No.1582 of 2021
16.08.2023
1 issue framed by the court
Whether the Writ Petition for issuing Mandamus to stop alleged illegal construction can be entertained when a civil suit is pending on the same cause of action.
1 provisions across 1 enactments
C.Devendra Prasad
The Chief Engineer, Greater Chennai Corporation, (Bridges, Mechanical & Buildings)
The Zonal Engineer, (Zone-9) Greater Chennai Corporation
The Assistant Engineer, Division Office, Greater Chennai Corporation
C.Sampathkumar
S.Dineshkumar
J.Nisha Banu
N.Mala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
