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2005 Supreme(Mad) 1857

A.P.SHAH, FAKKIR MOHAMED IBRAHIM KALIFULLA
The Chairman, Madras Metropolitan Development Authority – Appellant
Versus
S. Radhakrishnan & Others – Respondent


Advocates Appeared: For the Appellant :A.L. Somayaji, Additional Advocate General for V. Perumal, Advocate. For the Respondents:R3, V. Raghupathi, Govt. Pleader, R4, P. Baghyalakshmi, R1 & R2, M. Ravindran, Sr. Counsel, C. Lakshminarayan, R5 to R11, Muralikrishna Anandan, Advocates.

Judgment :-

(Appeals under Cl.15 of the Letters Patent against the order dated 9-3-1994 in W.P. No.5670 of 1988 etc.)

A.P. Shah, C.J.

These writ appeals arise out of the common order by the learned single Judge in a batch of writ petitions, challenging the demolition notices issued by the Chennai Metropolitan Development Authority (hereinafter, for the sake of brevity, referred to as ‘MMDA’).

2. The writ-petitioners claim to be the purchasers of the offices/flats in the residential apartments, promoted and developed by M/s. R.R. Constructions, situate at Door No.16, Saravana Mudali Street, T. Nagar, Madras. The promoter had applied to the appropriate planning authority for the planning permission for construction of a residential complex of ground plus three floors, with four flats each in the first, second and third floors and the ground floor for being used as parking space for the flat-owners. The planning permit was issued by the Corporation of Madras on 25-5-1981. In violation of the permit, the promoters had converted the ground floor, which was shown in the planning permission as parking space for the use of the flat-owners, for commercial purposes by putting up office-rooms an































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