Madras High Court
B.Sukumar vs The Member Secretary on 9 August, 2023
WP No.28447 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.08.2023
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
WP No.28447 of 2022
B.Sukumar ... Petitioner
-vs-
1. The Member Secretary,
CMDA, Thalamuthu Natarajan Building,
No.1, Gandhi Irwin Road, Egmore,
Chennai 600 008.
2. The Commissioner,
Greater Chennai Corporation,
Rippon Building, Chennai 600 003.
3. The Zonal Office,
Zone-06, Ward-78, Greater Chennai
Corporation, No:158, Strahans Road,
Pattalam, Chennai 600 012.
4. The TANGEDCO,
No:144, Anna Salai,
9th Floor, Chennai 600 002.
5. Rajesh Agarwal
6. Ramesh Agarwal ... Respondents
Prayer: Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus directing the 1st respondent to
implement the order dated 23.06.2022 to demolish the unauthorised
building No:43/18, Nammazhwar Street, Choolai, Chennai 600 007 of
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WP No.28447 of 2022
the 5th and 6th respondents.
For the Petitioner : Mr.S.Natarajan
For the Respondents : No appearance for R-1
: Mr.D.B.R.Prabhu for RR 2 and 3
: Mr.N.Muralikumar,
Senior Counsel for RR 5 and 6
*****
ORDER
(Made by the Hon'ble Chief Justice)
We have heard Mr.S.Natarajan, learned counsel for the
petitioner, Mr.D.B.R.Prabhu, learned counsel for respondents 2 and 3
and Mr.N.Muralikumar, learned senior counsel for respondents 5 and
2. The learned senior counsel for respondents 5 and 6 submits
that the present petition is not a public interest litigation but a
personal interest litigation. Only the building of respondents 5 and 6
is targeted. The petition is filed only for the purpose of black-mailing.
Such a petition cannot be entertained. Reliance is placed on the
judgment of a Division Bench of Bombay High Court in Sarthi Seva
Sangh vs. Mumbai Municipal Corporation, reported in 2022 SCC
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WP No.28447 of 2022
OnLine Bom 3139.
3. The Corporation has filed a status report stating about the
deviations in the building of respondents 5 and 6. Further action was
taken under Section 57 read with 85 of the Tamil Nadu Town and
Country Planning Act, 1971, against 5th and 6th respondents on
24.07.2023.
4. In the present writ petition, we are not going to decide about
the nature of the construction, whether there is any deviation or not.
The Corporation has taken an action. The respondents 5 and 6 have
remedy available to them.
As the Corporation has already taken action, no orders are
necessary in the writ petition. The writ petition as such is disposed
of. There will be no order as to costs.
(S.V.G., CJ.) (P.D.A., J.)
09.08.2023
Index : Yes/No
Neutral Citation : Yes/No
sra
https://www.mhc.tn.gov.in/judis
WP No.28447 of 2022
THE HON'BLE CHIEF JUSTICE
AND
P.D.AUDIKESAVALU, J.
(sra)
To
1. The Member Secretary,
CMDA, Thalamuthu Natarajan Building,
No.1, Gandhi Irwin Road, Egmore,
Chennai 600 008.
2. The Commissioner,
Greater Chennai Corporation,
Rippon Building, Chennai 600 003.
3. The Zonal Office,
Zone-06, Ward-78, Greater Chennai
Corporation, No:158, Strahans Road,
Pattalam, Chennai 600 012.
4. The TANGEDCO,
No:144, Anna Salai,
9th Floor, Chennai 600 002.
WP No.28447 of 2022
09.08.2023
https://www.mhc.tn.gov.in/judis
