Unauthorized construction should be removed based on the complaint of the petitioner and the final order passed by the first respondent.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM

AND

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM

W.P.NO.24672 OF 2021

Rakesh

... Petitioner

.Vs.

1. The Commissioner,

Pallavaram Municipality,

3^rd Main Road, Pallavaram,

Sasthri Colony, Chrompet,

Chennai – 600 044.

2. The Member Secretary,

Chennai Metropolitan Development Authority,

Thallamuthu Natarajan Building,

No.1, Gandhi Irwin Road,

Egmore, Chennai - 600 008.

3. Mala Murugan

... Respondents

PRAYER:-

Writ Petition filed under Article 226 of the Constitution of

India, praying for issuance of a Writ of Mandamus directing the

respondents 1 and 2 to initiate action against the unauthorised

construction on the car parking area put up by the 3^rd respondent

in Maha Flats, No.64/74, Dhargas Road, Zamin Pallavaram, Chennai

– 600117 and remove the same based on the petitioner's

representation dated 08.10.2021 and 8/1A.

For petitioner :

Mr.R.Muthukumar

For respondents : Mr.M.K.Ponraj

For Mr.K.Raja Shirinivas

Senior Standing Counsel

(for R1)

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

Mrs.C.Sumathy Sreekanth

Standing Counsel (for R2)

Mr.M.K.Prabakar (for R3)

ORDER

(The Order of the Court was made by K.KALYANASUNDARAM,J)

Heard Mr.R.Muthukumar, learned counsel for the petitioner,

Mr.M.K.Ponraj, learned counsel appearing for the first

respondent, Mrs.C.Sumathy Sreekanth, learned Standing Counsel

appearing for the second respondent, Mr.M.K.Prabakar, learned

counsel appearing for the third respondent and perused the

materials available on record.

2. The petitioner has come forward with this writ petition

seeking for issuance of a Writ of Mandamus directing the

respondents 1 and 2 to remove the unauthorised construction made

by the third respondents at Maha Flats, No.64/74, Dhargas Road,

Zamin Pallavaram, Chennai – 600 117.

3. The learned Standing Counsel appearing for the first

respondent would submit that based on the complaint of the

petitioner, a pre-notice dated 21.12.2021 was issued to the

third respondent for production of the approved plan. Since

there was no response, final order came to be passed on

07.01.2022 directing the third respondent to remove the

encroachment.

4. It is the contention of the learned counsel for the third

respondent that no unauthorised construction is made by the

third respondent as alleged by the petitioner, but he

constructed only a security room. However, considering the fact

that the first respondent had already passed an order on

07.01.2022, we are of the considered opinion that nothing

survives for further consideration in this writ petition.

Hence, this writ petition is disposed of. No costs.

Sd/-

Assistant Registrar(CS IV)

//True Copy//

Sub Assistant Registrar

skn

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

To

1.

The Commissioner,

Pallavaram Municipality,

3^rd Main Road, Pallavaram,

Sasthri Colony, Chrompet,

Chennai – 600 044.

2.

The Member Secretary,

Chennai Metropolitan Development Authority,

Thallamuthu Natarajan Building,

No.1, Gandhi Irwin Road,

Egmore, Chennai - 600 008.

+1cc to Mr.S.Ravichandran, Advocate, S.R.No.1868

W.P.NO.24672 OF 2021

BS(CO)

PBS/27/01/2022

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