IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.06.2022

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA

AND

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU

W.P.No.18981 of 2021

Olympia Grande Apartment Owners'

Welfare Association,

rep. by its Secretary S.Chandrasekar

.. Petitioner

-vs-

1. The Chief Engineer (H),

Construction & Maintenance,

Highways Department,

76, Sardar Patel Road,

Guindy, Chennai.

2. The Member Secretary,

Chennai Metropolitan Development Authority,

Thalamuthu Natarajan House,

No.01, Gandhi Irwin Rd,

Egmore, Chennai – 600 008.

3. The Divisional Engineer (H),

Construction & Maintenance,

Chennai City Roads Sub-Division,

Saidapet, Chennai-600 015.

4. The Assistant Divisional Engineer (H),

Construction & Maintenance,

Chennai City Roads Sub-Division,

Saidapet, Chennai-600 015.

5. The Assistant Engineer (H),

Construction & Maintenance,

Chennai City Roads Sub-Division,

Saidapet, Chennai-600 015.

6. M/s.Khivraj Tech Park Private Limited,

represented by its Managing Director,

Ajit Chordia

https://hcservices.ecourts.gov.in/hcservices/

7.M/s.Olympia Tech Park (Chennai) Private Limited,

rep. by its Managing Director

Ajit Chordia

.. Respondents

Prayer: Writ Petition filed under Article 226 of the

Constitution of India, praying for issuance of a Writ of

Mandamus directing the 3^rd and 4^th respondents to remove the

illegal and unauthorised construction of Ramp of 600 sq.ft. of

Highways department land in the premise, situated at No.328, GST

Road, Pallavaram, Chennai-600 043, constructed by the 6^th and 7^th

respondents and directing the 6^th and 7^th respondents to

reconstruct the Ramp as per the approved planning permit dated

12.04.2012.

For Petitioner :

Mr.A.Thiyagarajan,

Senior Counsel for

Ms.A.Vinu Prahda

For respondents:

Mr.K.V.Sajeev Kumar,

Special Government Pleader

for R1, 3 to 5

Ms.Veena Suresh,

CMDA for R2

Mr.John Zachariah

for Fox Mandal Associates

for R6 & 7

ORDER

(Order of the Court was made by T.RAJA, J.)

Olympia Grande Apartment Owners' Welfare Association, rep.

by its Secretary S.Chandrasekar, the petitioner herein has filed

this writ petition seeking a direction to respondents 3 and 4 to

remove the illegal and un-authorised construction of Ramp,

belongs to Highways department in the premises, situated at

No.328, GST Road, Pallavaram, Chennai-600 043, constructed by

respondents 6 and 7 and to re-construct the Ramp as per the

approved planning permit dated 12.04.2012.

2.Learned counsel appearing for the petitioner submitted

that the owners of the respective flats, having purchased the

subject property for the valid consideration from respondents 6

and 7, formed the petitioner association and registered the same

under Section 3 r/w. Rule 8 of the Tamil Nadu Societies

Registration Rules and obtained the Registration Certificate

under Section 10 of the above Act. Learned counsel for the

https://hcservices.ecourts.gov.in/hcservices/

petitioner further submitted that respondents 6 and 7 in the

year 2012, have obtained planning permit for construction of 17

towers, consisting of 788 apartments for the residential

purposes vide Pemit No.7105-C/PP/MSB-IT/28AtoT/2012 dated

26.04.2012 and on completion of the same, a completion

certificate was issued on 06.12.2017. However, the petitioner

association came to know at the later point of time about the

various un-authorised constructions and deviations/violations

committed by respondents 6 and 7. In this regard, the petitioner

association made several representations to the authorities

concerned against respondents 6 and 7 with regard to the

irregularities and deviations/ violations committed in the

construction and project. Learned counsel for the petitioner

further submitted that as per the approved planning permit dated

26.04.2012, the Ramp for