Petitioner sought enforcement of an order for demolition of unauthorized construction on his property. The court noted a subsequent survey found no encroachments in the disputed blocks and that the brother already complied with a demolition notice, rendering the petition moot.
The writ petition is closed with no costs awarded.
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.31418 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.08.2023
CORAM
THE HONOURABLE MRS. JUSTICE J.NISHA BANU AND THE HONOURABLE MRS. JUSTICE N.MALA
W.P.No.31418 of 2019 and
W.M.P.No.31587 of 2019
B.Ravichandran
..Petitioner
Vs.
Chennai - 600 003.
Chennai - 600 078.
...Respondents
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 enforce the order dated https://www.mhc.tn.gov.in/judis Page 1/6
W.P.No.31418 of 2019
30.01.2019 made in W.P.No.22353/2005 in pursuant to the impugned proceedings dated 13.06.2005 by the 2nd respondent to bring the property bearing Door No.5/128, Vanniar Street, Virugambakkam, ,Chennai - 78 within purview of regulation of provision under the enactment.
For Petitioner : Mr.T.R.Sathiya Mohan
For Respondents : Mr.E.C.Ramesh, Standing Counsel for R1 & R2 Mr.P.Gurunathan, Additional Government Pleader for R3 Mrs.V.Srimathi for R4
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 enforce the order dated 30.01.2019 made in W.P.No.22353/2005 in pursuant to the impugned proceedings dated
13.06.2005 by the 2nd respondent to bring the property bearing Door No.5/128, Vanniar Street, Virugambakkam, ,Chennai - 78 within purview of regulation of provision under the enactment.
Page 2/6
W.P.No.31418 of 2019
A notice was issued to the 4th respondent under Section 256(1) & (2) of the Chennai City Municipal Corporation Act. The 4th respondent filed W.P.No.22353 of 2005 challenging the said notice. In the said writ petition, an order was passed by this Court on 30.01.2019, directing the respondents to identify the encroachments and violations of constructions within a period of two weeks from the date of the order and to initiate action for demolition of the unauthorised construction and for eviction from the encroached portions. The petitioner further stated that despite the said order, no action was taken by the respondents. It was the further case of the petitioner that there is also title dispute with regard to the subject property in O.S.No.4967/2019 on the file of IV Additional City Civil Court, Chennai, which is pending. According to the petitioner, as he was interested in the subject property and as he feared that the violation committed by the 4th respondent may in future affect him, he was constrained to file the present writ petition for a direction to the respondents to enforce the order dated 30.01.2019 made in W.P.No.22353/2005.
W.P.No.31418 of 2019
Chennai District, from Arcot Road to Old Bangaru Colony 2nd Street junction, Division-128, Section-29, Assistant Engineer and Assistant Executive Engineer of the Greater Chennai Corporation along with the officials of the survey department, conducted joint survey of the aforesaid property and found that there were no encroachments made in the said blocks.
(J.N.B,J.) (N.M., J.) Index : Yes / No 01.08.2023 Internet : Yes vsi Page 4/6
W.P.No.31418 of 2019
To
Page 5/6
W.P.No.31418 of 2019
J. NISHA BANU, J. and N.MALA,J.
vsi
W.P.No.31418 of 2019
01.08.2023
https://www.mhc.tn.gov.in/judis Page 6/6
2 issues framed by the court
Whether respondents need to be directed to enforce the earlier order to demolish unauthorized constructions and evict encroachers regarding the petitioners' property.
Whether the writ petition survives in light of the joint survey report finding no encroachments and prior compliance with demolition notices.
B Ravichandran
Commissioner, Corporation of Chennai
Assistant Engineer, 128 Division, Corporation of Chennai
Thasildar, Mambalam Taluk
B Mohan Kumar
J Nisha Banu
N Mala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
