Madras High Court
Shyams Apartments Owners' Association vs The Member Secretary on 25 November, 2021
Author: K.Kalyanasundaram
Bench: K.Kalyanasundaram, V.Sivagnanam
W.P.No.21779 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.11.2021
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
and
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
W.P.No.21779 of 2021
Shyams Apartments Owners' Association
Rep. by its Secretary M.Ganesan
Old No.10, New No.11, Sriramapuram 2nd Street,
Choolaimedu,
Chennai – 600 094.
...Petitioner
Vs.
1.The Member Secretary,
The Chennai Metropolitan Development Authority (CMDA),
Thalamuthu-Natarajan Maaligai,
No.1, Gandhi Irwin Road,
Egmore, Chennai – 600 008.
2.The Commissioner,
Greater Chennai Corporation,
Ripon Buildings,
No.1131, EVR Periyar Salai,
Chennai – 600 003.
3.The Zonal Officer, Zone – IX,
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W.P.No.21779 of 2021
Greater Chennai Corporation,
No.4, 4th Cross Street,
Lakeview Road, Chennai – 600 034.
4.The Deputy Commissioner of Commercial -
Taxes – Zone IV, Chennai
PAPJM Building, Greams Road,
Chennai – 600 006.
5.The Assistant Engineer,
O & M/Kodambakkam,
CEDC/South 1
No.47, Sivankovil Street,
Kodambakkam, Chennai – 600 024.
6.The Inspector of Police,
F-5, Choolaimedu Police Station,
Choolaimedu, Chennai – 600 094.
7.Anand chandrakumar
Flat No.6, Shyams Apartments,
Old No.10, New No.11, Sriramapuram 2nd street,
Choolaimedu, Chennai – 600 094.
...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution
of India, praying for issuance of a Writ of Mandamus directing respondents
1 to 6 to take necessary action against the conversion of residential flat to a
commercial flat within a time frame fixed by this Court and also to not
entertain any application from the 7th respondent so as to allow commercial
activity in Flat No.6, Shyams Apartments, at Old No.10, New No.11,
Sriramapuram 2nd street, Choolaimedu, Chennai – 600 094.
For petitioner : Mr.T.K.S.Gandhi
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W.P.No.21779 of 2021
For respondents : Mrs.C.Sumathy Sreekanth
Standing Counsel (for R1)
Mr.K.Raja Shirinivas
Senior Standing Counsel (for R2 & R3)
Mr.L.S.M.Hasan Fizal
Additional Government Pleader
(for R4 & R6)
Mr.L.Jaivenkatesh
Standing Counsel (for R5)
M/s Lenin & Bhagya (for R7)
ORDER
(The Order of the Court was made by K.KALYANASUNDARAM,J) We have heard Mr.T.K.S.Gandhi, learned counsel for the petitioner, Mrs.C.Sumathy Sreekanth, learned Standing Counsel appearing for the first respondent, Mr.K.Raja Shirinivas, learned Senior Standing Counsel appearing for the respondents 2 and 3, Mr.L.S.M.Hasan Fizal, learned Additional Government Pleader appearing for the respondents 4 and 6, Mr.L.Jaivenkatesh, learned Standing Counsel appearing for the fifth respondent and the learned counsel representing M/s.Lenin & Bhagya for the 7th respondent.
2.This Writ Petition has been filed seeking for issuance of a Writ of 3/7 https://www.mhc.tn.gov.in/judis W.P.No.21779 of 2021 Mandamus to direct respondents 1 to 6 to take necessary action against the conversion of residential flat to a commercial flat within a time frame fixed by this Court and also not to entertain any application from the 7th respondent so as to allow commercial activity in Flat No.6, Shyams Apartments, at Old No.10, New No.11, Sriramapuram 2nd street, Choolaimedu, Chennai.
3.This writ petition is filed by the Flat Owners Association and their grievance is that the 7th respondent, who is the owner of a residential flat being Flat No.6, Shyams Apartments, but now he is using the same for the commercial purposes. Though complaints were given to the official respondents, however, no action was taken.
4.The learned Standing Counsel appearing for the fifth respondent/CEDC would state that though the 7th respondent was originally provided with commercial service connection, then it was converted into as residential.
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5.The learned Standing Counsel appearing for the first respondent Mr.C.Sumathi Sreekanth would state that the first respondent has received representation of the petitioner Association and in this regard, appropriate action will be taken within a period of 30 days.
6.Recording the said submission of the learned Standing Counsel appearing for the first respondent, this Writ Petition is closed. No costs.
[M.K.K.S.J] [V.S.G.J]
25.11.2021
skn
Index : Yes/No
Internet : Yes/No
To
1.The Member Secretary,
The Chennai Metropolitan Development Authority (CMDA), Thalamuthu-Natarajan Maaligai, No.1, Gandhi Irwin Road, Egmore, Chennai – 600 008.
2.The Commissioner, Greater Chennai Corporation, Ripon Buildings, No.1131, EVR Periyar Salai, Chennai – 600 003.
3.The Zonal Officer, Zone – IX, Greater Chennai Corporation, 5/7 https://www.mhc.tn.gov.in/judis W.P.No.21779 of 2021 No.4, 4th Cross Street, Lakeview Road, Chennai – 600 034.
4.The Deputy Commissioner of Commercial - Taxes – Zone IV, Chennai PAPJM Building, Greams Road, Chennai – 600 006.
5.The Assistant Engineer, O & M/Kodambakkam, CEDC/South 1 No.47, Sivankovil Street, Kodambakkam, Chennai – 600 024.
6.The Inspector of Police, F-5, Choolaimedu Police Station, Choolaimedu, Chennai – 600 094.
K.KALYANASUNDARAM, J and V.SIVAGNANAM, J 6/7 https://www.mhc.tn.gov.in/judis W.P.No.21779 of 2021 skn W.P.No.21779 of 2021 25.11.2021 7/7 https://www.mhc.tn.gov.in/judis