Markandey Katju, CJ.

Heard learned counsel for the parties. This writ appeal has been filed against the impugned order of the learned single Judge dated 3.1.2005.

2. The parties are referred in this judgment as per the array of parties in the writ petition. First and Second respondents are the writ petitioners and the appellant is the 3rd respondent in the writ petition.

3. The writ petitioners Mr.P.T.Prabhakar and Mrs.Nalini Prabhakar filed a writ petition for a mandamus directing the Member Secretary, CMDA, Chennai and the Commissioner, Corporation of Chennai to proceed against the appellant Mr.Salahudeen Babu and take immediate action by way of demolition of the construction pursuant to the notice dated 4.11.2004 issued by the Member Secretary, CMDA, Chennai under sections 56 and 57 of the Tamilnadu Town & Country Planning Act, 1971 and also pursuant to the notice issued by the Commissioner, Corporation of Chennai under section 256 of the Chennai City Municipal Corporation Act.

4. The petitioners are the owners of the premises bearing old door No.14, New No.15 and presently bearing No.5, Sivasamy Street, Mylapore, Chennai-4 comprised in R.S.No.1146/2. The petitioners pu