Madras High Court
J.Parasmal .. Review vs The Secretary on 17 December, 2015
Author: Satish K. Agnihotri
Bench: Satish K. Agnihotri, K.K.Sasidharan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.12.2015
CORAM
THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI
AND
THE HON'BLE MR.JUSTICE K.K.SASIDHARAN
Review Application No.256 of 2014
J.Parasmal .. Review Petitioner
Vs.
1.The Secretary,
Satrasala Venkatachallam Chetty's
Charities,
No.11, Kasi Chetty Lane,
Chennai-600 079.
2.The Secretary to Government,
Housing and Urban Development
Department,
Secretariat,
Chennai-600 009.
3.The Member Secretary,
Chennai Metropolitan Development Authority,
No.1, Gandhi Irwin Road,
Thalamuthu Natarajan Building,
Egmore, Chennai-600 008. .. Respondents
This Review application is filed under Order 47 Rule 1 read with Section 114 of CPC against the order dated 11.12.2013 passed in W.P.No.35008 of 2012.
For petitioner : Mr.R.Balaji
For Respondents : Mr.S.Udayakumar for R-1
Mr.P.S.Sivashanmugasundaram,
Spl.G.P. For R-2
Mr.C.D.Johnson for R-3
- - - - -
ORDER
(Order of the Court was made by SATISH K. AGNIHOTRI, J.) The applicant seeks review of the order dated 11th December, 2013 passed in W.P.No.35008 of 2012.
2 The petitioner seeks review of the order on the ground that certain relevant facts in respect of approved plan was not brought to the notice of the Court. Thus, the order is required to be reviewed. Considering the submissions made by the learned counsel for the parties, it was recorded in the impugned order sought to be reviewed that none of the violations noted by the CMDA were rectified by the petitioner therein / the first respondent herein. Thus, the writ petitioner was directed to remove the unauthorized construction, including the aerial encroachment and file a report before the CMDA.
3 The third respondent / CMDA filed a comprehensive counter affidavit, dated 18th November, 2015, stating that the aerial encroachment and also the unauthorised construction in the fifth floor were removed. The affidavit reads as under :
p.The Hon'ble High Court in W.P.No.35008 of 2012 and MP No.1 of 2012 in its order dated 11.12.2013 has directed the petitioner to remove the unauthorised construction including the aerial encroachment and file a report before the CMDA. The process of demolition should be completed within a period of two months. q.The site was re-inspected on 25.07.2014 and on 10.10.14, it was found that aerial encroachment in 4th floor is removed and the construction portion in the 5th floor removed but the aerial encroachment from 1st floor to 3rd floor not yet removed and is not eligible for regularisation.
r.For which, the applicant in their lr. dt.28.01.2015 have stated that they gave on undertaking affidavit before the Hon'ble High Court agreeing to remove aerial encroachment in the 4th floor and unauthorised construction in 5th floor (part). Accordingly they have removed the same.
s.The site under reference was again inspected on 03.11.2015 and observed that the aerial encroachment of size 0'9 x 36'0 projecting on to the road was removed in 1st, 2nd and 4th floor and the unauthorised construction in 5th floor was removed. Third floor aerial projection is in existence and yet to be removed. 4 In view of the above, no case is made out for reviewing the order dated 11th December, 2013 passed in W.P.No.35008 of 2012 filed by the stranger, who was not a party to the initial proceedings in the writ petition. Resultantly, the review application stands dismissed. No costs.
(SATISH K.AGNIHOTRI, J.) (K.K.SASIDHARAN, J.)
17th December 2015
Index : Yes/No
vvk
To
1.The Principal Secretary to Government,
The State of Tamil Nadu,
Home (Courts-II) Department,
Secretariat,
Fort St. George,
Chennai-9.
2.The Inspector of Police,
O.C.U. CBCID,
Tirunelveli City Police Station,
Tirunelveli.
SATISH K. AGNIHOTRI, J.
and
K.K.SASIDHARAN, J.
vvk
Rev. Application No.256 of 2014
17.12.2015