Dismissed

Padmavathy v. the Member Secretary - Cmda

Madras HC25 Mar 2024WP/7787/2024

Case brief

AI extract

What is this about?

Petitioner sought mandamus for demolition of alleged unauthorised construction by a third party on her property. The Court dismissed the petition, holding that the remedy lies before the Civil Court to establish title, as the grievance was primarily regarding claim over property and disputed title.

What did the court decide?

Writ petition dismissed with liberty to approach Civil Court.

Padmavathy Vs the Member Secretary - Cmda — Landlord and Tenant | Madras HC (2024)

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W.P.No.7787 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 25.03.2024

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CORAM :

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THE HONOURABLE MR. JUSTICE S.S. SUNDAR

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AND

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THE HONOURABLE MR. JUSTICE N. SENTHILKUMAR

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W.P.No.7787 of 2024

Padmavathy

... Petitioner

Vs.

1.The Member Secretary-CMDA, ThalamuthuNatarajan Building, Egmore, Chennai – 600 008.

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2.The Director, DTCP-Head Office, No.359W+V8Q, E&C Market Road, Koyambedu, Chennai – 600 107.

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3.The Municipal Commissioner, The Municipality Office, 42FJ+R2J, Thirunindravur High Road, Thirunindravur, Thiruvenkadu Nagar, Nadukuthagai, Tamil Nadu – 602 024.

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4.The District Collector, Thiruvallur District, Thiruvallur – 602 001.

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

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Page 1

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W.P.No.7787 of 2024

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5.The Commissioner of Police, Avadi Commissioner, Avadi – 600 054.

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6.The Revenue Divisional Office (RDO) Bharathiyar Street, SP Nagar, Thiruvallur – 602 003.

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7.The Tahsildar, Avadi Taluk Office, Modern City, DeenaDaiyalan Nagar, Pattabiram – 600 054.

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8.The Directorate of Town and Country Planning Office DTCP, No.43/387A, Second Floor, Annai Indira Gandhi Salai, Hariram Nagar, Periyakuppam, Thiruvallur – 602 003.

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9.TNEB/TANGEDCO,

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No.110, KVSS, Poonamallee High Road, Thirunindravur, (Near Thirunindravur Railway Station) Chennai – 602 024.

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10.The Inspector of Police, T-11, Thirunindravur Police Station, Thirunindravur – 602 024.

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11.The Village Administrative Officer, V.A.O., Thirunindravur A-Village, Nadukuthagai, Thirunindravur – 602 024.

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Page 2

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

W.P.No.7787 of 2024

... Respondents

12.S.Ponnurangam

Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the respondents 1 to 3 to inspect the property in the year of 2007 Doc.No.12777, Avadi, SRO.Survey No.128/4, measure of 1200 square feet, Thiruvallur District, Plot No.12, Ganesapuram, Thirunindravur Village, and demolish the unauthorised construction in the petitioner property by the 12^th respondent and consequentially direct the respondents 1 to 3 to take appropriate action against the 12^th respondent.

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For Petitioner : Mr.M.J.Nissar Ahmed For R1 : Mr.Y.Bhuvanesh Kumar Standing Counsel for CMDA For R2, R4, : Mrs.V.Yamuna Devi R6 to R8 & R11 Special Government Pleader For R3 : Mr.RA.Gopinath Standing Counsel for Avadi Corporation For R5 and R10 : Mr.A.Gokulakrishnan Additional Public Prosecutor

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

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W.P.No.7787 of 2024

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O R D E R

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(Order of the Court was made by S.S. SUNDAR, J. )

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This writ petition is filed for issuance of a Writ of Mandamus to direct the respondents 1 to 3 to demolish the unauthorised construction put up by the 12^th respondent in the petitioner's property measuring an extent of 1200 square feet at Plot No.12, Ganesapuram, Thirunindravur Village, Thiruvallur District.

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2.It is the case of the petitioner that he purchased the property in the year 2007 by a registered document and that the private respondent, namely the 12^th respondent, had put up a construction without any title to the property. It is his definite case that the 12^th respondent has trespassed into his property. It is only on account of the encroachment alleged by the petitioner, he has filed this writ petition stating that the construction put up by the 12^th respondent is unauthorised.

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

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W.P.No.7787 of 2024

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3.This Court, without going into the issue whether the construction is unauthorised or without a planning permission or not, finds that the petitioner's remedy is to approach the Civil Court to establish his title and seek any appropriate relief upon establishing his right or title over the property. The petitioner has not even stated when the 12^th respondent put up construction and why it is not opposed. This Court is not inclined to entertain this writ petition, as the petitioner's grievance or legal injury suffered by him is purely on account of his claim over the property, even though there is also an allegation that the construction is not in accordance with the Building Regulations. In the said circumstances, this writ petition is dismissed, however, preserving the liberty to the petitioner to approach

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the Civil Court to establish his title and seek appropriate relief. No costs.

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(S.S.S.R., J.) (N.S., J.) 25.03.2024

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mkn

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Internet : Yes Index : Yes / No

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

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W.P.No.7787 of 2024

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Neutral Citation : Yes / No

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1.The Member Secretary-CMDA, ThalamuthuNatarajan Building, Egmore, Chennai – 600 008.

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2.The Director, DTCP-Head Office, No.359W+V8Q, E&C Market Road, Koyambedu, Chennai – 600 107.

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3.The Municipal Commissioner, The Municipality Office, 42FJ+R2J, Thirunindravur High Road, Thirunindravur, Thiruvenkadu Nagar, Nadukuthagai, Tamil Nadu – 602 024.

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4.The District Collector, Thiruvallur District, Thiruvallur – 602 001.

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5.The Commissioner of Police, Avadi Commissioner, Avadi – 600 054.

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6.The Revenue Divisional Office (RDO) Bharathiyar Street, SP Nagar, Thiruvallur – 602 003.

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7.The Tahsildar, Avadi Taluk Office, Modern City, DeenaDaiyalan Nagar, Pattabiram – 600 054.

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Page 6

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

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W.P.No.7787 of 2024

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8.The Directorate of Town and Country Planning Office DTCP, No.43/387A, Second Floor, Annai Indira Gandhi Salai, Hariram Nagar, Periyakuppam, Thiruvallur – 602 003.

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9.TNEB/TANGEDCO, No.110, KVSS, Poonamallee High Road, Thirunindravur, (Near Thirunindravur Railway Station) Chennai – 602 024.

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10.The Inspector of Police, T-11, Thirunindravur Police Station, Thirunindravur – 602 024.

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11.The Village Administrative Officer, V.A.O., Thirunindravur A-Village, Nadukuthagai, Thirunindravur – 602 024.

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Page 7

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

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W.P.No.7787 of 2024

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S.S. SUNDAR, J. and N. SENTHILKUMAR, J.

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mkn

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W.P.No.7787 of 2024

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Page 8

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

W.P.No.7787 of 2024

25.03.2024

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

Padmavathy v. the Member Secretary - Cmda

Case brief

What is this about?

What did the court decide?

Padmavathy v. the Member Secretary - Cmda

Case brief

What is this about?

What did the court decide?

What the court decided

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