IN THE HIGH COURT OF JUDUCATURE AT MADRAS

Dated: 06.08.2018

Coram:

THE HON'BLE MR.JUTICE M.VENUGOPAL

AND

THE HON'BLE MRS.JUSTICE S.RAMATHILAGAM

W.P.No.1414 of 2018

G.Anbuchezheian

... Petitioner

vs.

1.The Secretary to Government,

The Housing and Urban Development

Department,

Namaskkal Kavinzar Maligai,

3^rd Floor, Secretariat,

Chennai-600 009

2.The Member Secretary,

Chennai Metropolitan Development

Authority,

Thalamuthu Natarajan Maligai,

No.1, Gandhi-Irwin Road,

Egmore, Chennai-600 008

3.The Commissioner,

Tambvaram Municipality,

28, Muthuranga Mudali Street,

Tambaram West, Chennai-600 045

4.The Town Planning Officer,

Tambaram Municipality,

28, Muthuranga Mudali Street,

Tambaram West, Chennai-600 045

5.Mr.Daniel Deva Dass,

President, South East India Union

of SDA.

6.Mr.Mohan, Treasurer,

South East India Union of SDA

7.Mr.Edwin Samuel, Principal,

Seventh Day Adventist Matriculation School,

No.74/249, GST Road,

Tambaram, Chennai-600 045

... Respondents

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

Petition filed under Article 226 of the Constitution of

India, praying for the issuance of a Writ of Mandamus to direct

the Respondents 1 and 2 to consider the Petitioner's

Representation dated 02.08.2017 to demolish the unauthorized

construction put up by the 7^th Respondent School, viz., 'Seventh

Day Adventist Matriculation School' at No.74/249, GST Road,

Tambaram, Chennai-600 045, through the 3^rd Respondent herein,

viz., The Commissioner, Tambaram Municipality.

For Petitioner : Mr.P.Ayyaswamy

For Respondents : Mr.J.Pothiraj,Spl.G.P.for R1

Mrs.P.Veena Suresh,

for R2

Mr.Ravikumar Paul for

M/s.Span Associates for R5 to R7

Mr.P.Srinivas,

for R3 and R4

ORDER

(Order of the Court was made by M.VENUGOPAL,J.)

The Petitioner has filed the present Writ Petition

praying for passing of an Order by this Court in directing the

Respondents 1 and 2 to consider his Representation dated

02.08.2017, to demolish the unauthorised construction put up by

the 7^th Respondent, viz., Seventh Day Adventist Matriculation

School, through the Third Respondent herein, viz., the

Commissioner, Tambaram Municipality.

2.Counter of R3 and R7 is filed. No counter is filed on

behalf of R1, R2, R4, R5 and R6.

3.Heard both sides.

4.According to the Petitioner he has filed the present

Writ Petition under the caption 'Public Interest Litigation'

because of the reason that since he is concerned with the

Society in general, he sought the help of Right to Information

Act and obtained information regarding the 7^th Respondent/Seventh

Day Adventist Matriculation School at No.74/249. GST Road,

Tambaram, Chennai-600 045, which was constructed unauthorisedly

and also not following any Rules and Regulations. Further, the

7^th Respondent/School had constructed unauthorised building in

the aforestated property. Therefore, he made a representation

dated 02.08.2017 to the Respondents 1 to 6, which was

acknowledged by them.

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

5.The Petitioner, in his Writ Affidavit, had averred that

he went to the 7^th Respondent/School for an admission to his

friend's daughter on 17.4.2017 and came to understand the

factual situation of the School. The 7^th Respondent/School is

running in violation of Government Order (2D) No.48, School

Education Department, dated 21.07.2004 as well as the Hon'ble

Mr. Justice Sampath Commission's Recommendations. Further, the

construction of the 7^th Respondent/School building is not

constructed in a good quality and it is in danger of being

dilapidated. Moreover, no 'Emergency Exit' has been provided.

There is no 'Ingress' and 'Egress' and there is only one way to

approach the School. No parking space has been provided not

only for the School, but also for other vehicles.

6.