Appeal is continuation of the suit.

This writ petition has been filed for the issuance of a writ of mandamus, to direct the Respondents 1 to 3 to forbear from regularising or sanctioning any plan or requisition/application for change of user of land for construction that may be submitted by the Respondents 4 to 14 to them in respect of the land and the Ground Floor of the building complex situated at the premises named "Roshan Complex", bearing Door No.110, Block D, Anna Nagar East, Chennai 600 102, and also direct the said Respondents to demolish the constructions put up by them in the ground floor of the said complex.

2. The brief facts that are necessary for the purpose of disposal of the writ petition are as follows:

(i) On 07.04.1982, the petitioner purchased from MSF.Mohamed Hanifa, an undivided 919/1779 share in the land, and eight out of the twelve flats constructed in the land and situated in the first and second floors. Out of the remaining four flats, in the third floor, two flats were purchased by M/s.Bharat Earth Movers Limited, and two other flats were purchased by the two individuals along with an undivided 446/1779 share in the land. The balance of 414/1779 undivided share in the land was not sold. All the twelve flats in the complex were duly handed over to the respective owners in 1982 itself, after receiving the entire consideration.

(ii) The twelve flats including garage or Car Parking, was constructed after obtaining the planning permission from the authorities which permitted construction of flats in three floors in accordance with the plan sanctioned by them, purely for residential purposes. As per the plan, the entire flats were to be supported by pillars. The interspace between the pillars were to be used as Car parking. After the flats were handed over, the owner converted the Car parking in the into six shops in violation of the sanctioned plan. The user of the building was also converted for commercial use. The original owner applied for regularisation of the deviation, but it was rejected by the second respondent; appeal filed against that rejection was also dismissed in G.O.RT No.357, Housing and Urban Development, dated 15.07.1985. While rejecting the appeal, the first respondent directed the third respondent herein, to take suitable action for putting the unauthorised construction. That order was not contested either by way of revision or writ petition.

(iii) Since the third respondent herein failed to take any action, M/s.Bharat Earth Movers Ltd., filed W.P.No.13027 of 1986 before this Court for a writ of mandamus, directing the respondents 2 and 3 to restore the construction as per the sanctioned plan; and to demolish any deviation. In that writ petition, the Corporation of Chennai and MMDA gave an undertaking, that they would abide strictly by the rules and regulations and take appropriate action. Therefore, the High Court in its order dated 11.04.1997, recording the undertaking, observed that no further orders were passed in the writ petition in view of the undertaking given by the second and third respondents. (iv) Pursuant the said undertaking given to High Court, all the shops in the Car parking were demolished on 22.09.1997. The building was restored as per the sanctioned plan and possession of the entire Car Parking was handed over to all the flat owners who are now in joint possession. The petitioner bank being the owner of the majority of the flats, and the land on which the flats were built, subsequently erected a wall on the ground floor in order to prevent unruly and anti-social elements from entering the building. In the meanwhile, MSF.Mohammed Hanifa died and Respondents 4 to 14 herein, his legal heirs broke open a portion of the wall erected by the petitioner, claiming that the entire car parking as ground floor area and it is in their exclusive possession and put up shutters. They also started constructing shops in the car parking. However, in view of the threats of legal action by the owners of the flat