Disposed

Dr. J.Soundararajan v. the District Collector

Madras HC25 Aug 2023WP/21646/2023

Case brief

AI extract

What is this about?

The High Court, in a writ petition filed under Article 226, held that respondents including the CMDA and Tahsildhar were directed to take further action in accordance with law after the CMDA issued a notice to remove unauthorized covering over an open car parking area.

What did the court decide?

Respondents 2, 5, and 6 were directed to take further action in accordance with law after the CMDA issued a notice to remove unauthorized covering.

Dr. J.Soundararajan Vs the District Collector — Landlord and Tenant | Madras HC (2023)

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W.P.No.21646 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 25.08.2023

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CORAM :

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THE HONOURABLE MRS. JUSTICE J.NISHA BANU

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AND

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THE HON'BLE MRS.JUSTICE N.MALA

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W.P.No.21646 of 2023

Dr.J.Soundararajan

... Petitioner

Vs.

The District Collector,

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O/o District Collectorate Office, Chengalpattu District.

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The Member Secretary, Chennai Metropolitan Development Authority,

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Thalamuthu Natarajan Maligai,

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No.1, Gandhi Irvin Road, Egmore, Chennai 600 008

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The Tahsildhar, Sholinganallur Taluk,

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Sholinganallur, Chennai 600 119

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M/s.Radiance Reality Developers India Limited, A company incorporated under the Companies Act, 1956,

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Having its office at Radiance Towers, 1^st Floor,

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Old No.110, New No.111, 33 Feet Road,

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Anna Salai, Guindy, Chennai 600 032

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1. The Commissioner, Greater Chennai Corporation, Chennai 600 003

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___________ Page No.1 of 4_

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https://www.mhc.tn.gov.in/judis

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W.P.No.21646 of 2023

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The Commissioner, St.Thomas Mount Panchayat Union @ Chitlapakkam, Chennai 600 064 … Respondents

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RR 5 & 6 impleaded vide order dated 31.07.2023 made in W.M.P.No.22051 of 2023

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PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1^st and 3^rd respondents pass orders on the representation dated 03.07.2023 by inspecting the illegal construction of car parking above the water sump in car park no.A-705 at Radiance Mercury, Gandhi Society Main Road, Perumbakkam, Chennai 600 131.

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For Petitioner : Dr.S.Lingesh For RR 1 & 3 : Mr.R.Vigneshwaran, Government Advocate For R-2 : Mr.C.N.Vinobha For R-4 : Mr.Aruna Mohan For R-5 : Mr.P.Gurunathan

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O R D E R (Order of the court was made by J.Nisha Banu, J.)

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When the matter is taken up for hearing, Mr.C.N.Vinobha, learned counsel appearing on behalf of the second respondent/ Chennai Metropolitan Development Authority produced a proceedings issued by the Member Secretary dated 03.08.2023, in Letter No.EC/S-II/17419/2022. The relevant

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portion of the said letter is extracted hereunder:-

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___________ Page No.2 of 4_

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https://www.mhc.tn.gov.in/judis

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W.P.No.21646 of 2023

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“With reference to the above petitions in reference 3^rd cited, it is informed that you are requested to remove unauthorized covered parking made with a tin sheet on the western side (Front set-back) and North-West corner of the open car parking area of the building at Survey Nos.260/1. 2B, 3A, 3B, 265/3, 266/1, 4, 267/1A, 268/1A, 1B, 268/2,3 of Perumbakkam Village within the Limits of St.Thomas Mount Panchayat Union within 10 days time and inform the same in CMDA, failing which CMDA will take further enforcement action ”.

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Considering the fact that the 2nd respondent had taken action

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against the 4^th respondent-builder by proceedings dated 03.08.2023, respondents 2 ,5 & 6 are directed to take further action in accordance with law. The writ petition is disposed of with the above observation. No costs.

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(J.N.B., J.) (N.M., J.) 25.08.2023 Index : Yes/No Speaking Order : Yes/No Neutral Citation : Yes/No

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sts

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___________ Page No.3 of 4_

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https://www.mhc.tn.gov.in/judis

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W.P.No.21646 of 2023

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J.NISHA BANU, J., and N.MALA, J.,

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To:

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The District Collector, O/o District Collectorate Office, Chengalpattu District.

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The Member Secretary,

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Chennai Metropolitan Development Authority, Thalamuthu Natarajan Maligai,

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No.1, Gandhi Irvin Road, Egmore, Chennai 600 008

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The Tahsildhar,

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Sholinganallur Taluk, Sholinganallur, Chennai 600 119

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1. The Commissioner, Greater Chennai Corporation, Chennai 600 003

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1. The Commissioner, St.Thomas Mount Panchayat

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Union @ Chitlapakkam, Chennai 600 064

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Order made in W.P.No.21646 of 2023

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25.08.2023

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https://www.mhc.tn.gov.in/judis

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___________ Page No.4 of 4_

Dr. J.Soundararajan v. the District Collector

Case brief

What is this about?

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Dr. J.Soundararajan v. the District Collector

Case brief

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