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2006 Supreme(Mad) 2632

D.MURUGESAN, P.R.SHIVAKUMAR
P. T. Prabhakar & Another – Appellant
Versus
The Member Secretary & Others – Respondent


Appearing Advocates:For the Petitioners:R. Krishnamoorthy senior counsel for B.T. Seshadri, Advocate. For the Respondents:R1 J. Ravindran, R2 G.T. Subramanian, Advocates, R4 – R8 AR. L. Sundaresan senior counsel for A.L. Gandhimathi, Advocate.

Judgment :-

(Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first and 2nd respondent to take immediate action by way of demolition of the offending construction contrary to the Planning permit issued by the 2nd respondent dated 3.12.2003 and also the construction of the 2nd and further floors without getting sanction from the first respondent pursuant to the notice dated 4.11.2004 issued by the first respondent under Section 257 of the Town and Country Planning Act and also pursuant to the notice issued by the 2nd respondent under Sections 256(1)(2) and (3) of the Chennai Municipal Corporation Act and to forbear the 3rd respondent from proceeding with the illegal construction.)

D.MURUGESAN, J.

The petitioners, 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 have approached this court seeking for a direction in the nature of a Writ of Mandamus, to take immediate action to demolish the unauthorised construction put up by one H.Salahudeen Babu, the 3rd respondent herein in New Door No.4, Old Door No.14, Si


























































































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