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1994 Supreme(Mad) 260

K.A.SWAMI, SOMASUNDARAM
P. A. Rani Etc – Appellant
Versus
K. G. Krishnan and Others – Respondent


Appearing Advocates:K. Alagiriswami, Mr. P. Sukumaran, Vijay Shanker, R. Thiagarajan, R. Krishnamoorthy, R. Muthukumaraswamy, A. Challakumar, K.V. Subramanian, Advocates.

Judgment :-

K.A. SWAMY, C. J.

These two appeals arise out of the order dated 2-3-1994 passed by the learned single Judge in WP No. 2146 of 1993 and Contempt Appln. No. 388 of 1993, W.A. No. 420 of 1994 is prefered by the owner of the premises, whereas W.A. No. 425 of 1994 is preferred by Hotel Saravana Bhavan, claiming to be the lessee of the premises.

2. The petitioner is an Ex-Member of the Madras Metropolitan Development Authority, for short, 'M.M.D.A.'. He sought for issue of a writ in the nature of mandamus, directing respondents 1 and 2, the M.M.D.A. and the Corporation of Madras, to take appropriate action against the third respondent owner of the premises, and stop the constructions that are being put up by her on the property bearing Door No. Y 209, II Avenue, Anna Nagar, Madras 600 040, and also to demolish the unauthorised constructions put up by her in the aforesaid property and pass such other orders as are deemed necessary. Learned single Judge has held that the construction put up on the land bearing Door No. Y 209, Avenue, Anna Nagar, Madras 600 040, hereinafter referred to as 'the land in question', comprising of the first, second and third floors is an unauthorised



































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