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2024 Supreme(Mad) 474

J. NISHA BANU, N. MALA
Ashwin Varma – Appellant
Versus
Member Secretary Chennai Metropolitan Development Authority 'Thalamuthu Natarajan Maaligai Chennai – Respondent


Advocates Appeared:
For the Petitioner: J. Murali Kumaran, G. Rajagopalan, M/s. MCGAN Law Firm.
For the Respondents: P. Kumaresan, C.N. Vinobha, D.B.R. Prabhu, C.E. Pratap, P. Gurunathan, S. Ilamvaludhi, S. Sundaresan, R. Thiagarajan, G. Saseedhevi.

JUDGMENT :

J. Nisha Banu, J.

(Prayer: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of WRIT OF MANDAMUS directing respondents 1 to 3 and 5 to take action against the respondents 6 to 10 for the statutory violations and illegal activities committed by them.)

1. This writ petition is filed praying for a direction to respondents 1 to 3 and 5 to take action against the respondents 6 to 10 for the statutory violations and illegal activities committed by them.

2. It is the case of the Petitioner, that he and his wife are the owners of the Flat 2-A in “Ramaniyam Swarnamukhi” apartments in Kalakshetra Colony, Besant Nagar which was promoted by the 8th Respondent, M/s. Ramaniyam Real Estate.

3. It is averred in the writ petition that the owners who are arrayed as 6th and 7th respondent and the promoter who is arrayed as 8th respondent has converted the non- FSI area approved and earmarked for pump room, store room, generator room, watchman room and toilet into an apartment and sold to the 9th respondent. The 9th respondent who claims to have purchased the flat in the ground floor started to encroach the common areas including the set back areas which are

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