Madras High Court
Shanthi Nikethan Welfare Assn vs The Commissioner on 12 December, 2016
Bench: Sanjay Kishan Kaul, M.Sundar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.12.2016
CORAM :
The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE
AND
The Hon'ble MR.JUSTICE M.SUNDAR
W.P. No.18125 of 2012
and M.P.Nos.1 and 2 of 2012
Shanthi Nikethan Welfare Assn.,
Rep. by its Secretary, D.Chandrasekar. .. Petitioner
-vs-
1.The Commissioner,
Corporation of Chennai,
Chennai 600 003.
2.The Superintendent of Parks,
Mr.Hamanulla, Corporation of Chennai,
Chennai-3.
3.Executive Engineer,
Ward No.197, Zone XV,
Corporation of Chennai, Sholinganallur,
Chennai 600 118.
4.CMDA, by its Member Secretary,
Talamuthu Natarajan Building,
Egmore, Chennai 600 008.
5.The Collector,
Kancheepuram, Kancheepuram District.
6.The Tahsildhar,
Sholinganallur, Chennai 600 118.
7.Assistant Commissioner,
J-9 Police Station,
Toraipakkam, Chennai 600 097.
8.Director of Town Planning,
807, Anna Salai, Chennai-2.
9.Dy.Director of Town Planning,
No.3, Varadarajanar Street,
Vedachalam Nagar, Chengalpattu.
10.The Assistant Engineer,
TANGEDCO, Perungudi (South),
Anand Nagar, Thoraipakkam,
Chennai-96.
11.The Sub Registrar,
Office of the Sub Registrar,
2/71, 1st Floor, Kajera Garden
2nd Street, Neelankarai, ECR,
Chennai-41.
12.Christine Vasanthi Varuna
13.P.T.R.Thiyagarajan
14.Devan
15.Rani
16.S.Raja
17.Thangaraji
18.Gopinath
(RR13- 18 impleaded as per order
dt.06.08.2012 in MP.3/12) .. Respondents
Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct respondents 1 to 6 to reclaim the area marked as open space for common use and 30' road on the western side of Plot No.15 and 54 in Mangalapuri approved layout bearing DTP No.136/75 allegedly claimed as Plot No.14-A, 14-B and 54-A, 54-B and permit it to be used only as road / open space for common use / park and consequently direct disconnection of electricity connection, if any and cancellation of revenue documents issued for the said alleged Plot Nos.14-A, 14-B and 54-A, 54-B in Mangalapuri approved layout bearing DTP No.136/75.
For Petitioner : Mr.Syed Mustafa
Given change of vakalat.
For Respondents : Mr.Raja Srinivas for R-4
* * * * *
O R D E R
(Order of the Court was made by The Hon'ble Chief Justice) Learned counsel for the petitioner states that he has given change of vakalat on 19.06.2014 itself. No fresh vakalat has been filed.
2.The grievance made is that the open areas earmarked for common use as also the road in the approved layout plan bearing No.136/75 in Mangalapuri, is sought to be wrongfully utilised by the developer.
3.The matter now stands within the jurisdiction of the third respondent and thus, the third respondent is directed to cause an inspection to be made within fifteen (15) days of the receipt of this order and if any irregularity is found, action in accordance with law be taken and concluded within three (3) months thereafter.
4.Writ petition, accordingly stands disposed of. No costs. Consequently, M.P.Nos.1 and 2 of 2012 stand closed.
(S.K.K., CJ.) (M.S., J.) 12.12.2016 Index : Yes/No Website : Yes/No sra To
1.The Commissioner, Corporation of Chennai, Chennai 600 003.
2.The Superintendent of Parks, Mr.Hamanulla, Corporation of Chennai, Chennai-3.
3.Executive Engineer, Ward No.197, Zone XV, Corporation of Chennai, Sholinganallur, Chennai 600 118.
4.CMDA, by its Member Secretary, Talamuthu Natarajan Building, Egmore, Chennai 600 008.
5.The Collector, Kancheepuram, Kancheepuram District.
6.The Tahsildhar, Sholinganallur, Chennai 600 118.
7.Assistant Commissioner, J-9 Police Station, Toraipakkam, Chennai 600 097.
8.Director of Town Planning, 807, Anna Salai, Chennai-2.
9.Dy.Director of Town Planning, No.3, Varadarajanar Street, Vedachalam Nagar, Chengalpattu.
10.The Assistant Engineer, TANGEDCO, Perungudi (South), Anand Nagar, Thoraipakkam, Chennai-96.
11.The Sub Registrar, Office of the Sub Registrar, 2/71, 1st Floor, Kajera Garden 2nd Street, Neelankarai, ECR, Chennai-41.
The Hon'ble Chief Justice and M.Sundar, J.
(sra) W.P.No.18125 of 2012 12.12.2016 http://www.judis.nic.in