Only to boost up the strength of structures, appellants not entitled to seek intervention of the court.

B.Subhashan Reddy, CJ.

These three writ appeals are directed against the common order passed by the learned single judge in W.P.Nos.15952 and 17159 of 2003. Question for consideration is whether in the facts and circumstances, the plea of the appellants for regularisation of the unauthorised construction of multi-storeyed structure can be acceded to.

2. In W.A.No.968 of 2004, one Mr.Dilip Bhandari, General Power of Attorney to Mrs.A.Sreedevi, the owner of the property, is the appellant, and it is directed against the order in W.P.No.17159 of 2003. Mrs.A.Sreedevi, herself is the appellant in W.A.No.3074 of 2003, which is directed against the order in W.P.No.15952 of 2003. The builder, namely., Shanthi Builders, who had entered into an agreement with the owner of the property, is the appellant in W.A.No.3201 of 2003, which is filed against the same order in W.P.No.15952 of 2003. In fact, common order has been passed by the learned single judge in W.P.Nos.15952, 17159 and 17186 of 2003. There is no appeal against W.P.No.17186 of 2003.

3. W.P.No.15952 of 2003 has been filed questioning the order dated 30.5.2003 passed by the Commissioner, Corporation of Chennai under Section 258 of the Madras City Municipal Corporation Act, calling upon the petitioner therein to fence off, take down the floors above 4th floor, secure and repair stilt plus 4 floors thereon, so as to prevent any danger therefrom. W.P.No.17159 of 2003 was filed questioning the notice dated 30.5.2003 issued by the Member Secretary, Chennai Metropolitan Development Authority, Chennai forfeiting the security deposit of Rs.70,000/- for the building and Rs.10,000/- for the display board. The parties are hereinafter referred to as Owner, Builder, Municipal Commissioner and CMDA.

4. The builder had entered into a contract with the owner for the development of the property for constructing stilt plus 4 floors and permission was sought for and the same was granted in the year 2001. While planning permission was granted by CMDA, permission for construction has been sanctioned by the Municipal Commissioner. But, instead of stilt plus 4 floors, which is clothed with the permission, the builder had constructed, obviously with the consent of the owner, stilt plus 8 floors, and this fact is not in dispute. A regularisation scheme was framed by the Government, by which structures, which are unauthorised, can be regularised, subject to some conditions. It is stated that the builder has remitted a sum of Rs.13 lakhs and odd for regularisation, but there is no order of regularisation as yet. When sewerage line was sought to be laid, it came to light that some columns developed cracks and steal rods therefrom got exposed and bent, which posed threat of damage to the property and danger to the public in general and the neighbours in particular. In fact, there was a complaint by the neighbours, who formed an association namely., Proxima Owners' Association in residential complex No.10, Bishop Wallers Avenue, Mylapore, Chennai - 4, which is adjoining to the building in the instant case. One Mr.R.Ramachandran, who made a complaint on behalf of the above association, is one of the respondents herein.

5. The extraordinary jurisdiction under Article 226 of the Constitution of India, which is an equitable remedy, has been invoked not complaining of any arbitrary action of the legal authorities mentioned above. But, only to grant equitable relief by permitting the appellants to strengthen the building outwardly, by way of support to the existing structure, so as to make it viable for occupation. The venture is commercial in nature and the writ is sought for to permit the owner and the builder to make some amends to the existing structure, so as to enable them to sell out the flats and enrich themselves. It is not a case of a person not having a house has got some plot and constructed house by his hard earned money by struggling in life, and seeking the equitable remedy from the Court by