W.P.No.

6004 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.02.2023

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI

and
THE HONOURABLE MRS.JUSTICE R.HEMALATHA

W.P.No.6004 of 2022

1.Owners Association
Harington Apartments,
No: 20 old no: 98,
Harington Road,
Chetpet,
Chennai – 600031 .. Petitioner

Vs.
1.Principal Secretary,
Chennai Metropolitan Development Authority,
Thalamuthu Natraja Maligai,
Gandhi Irwin Road,
Egmore
Chennai-600008.

2.Corporation of Chennai,
Represented by Commissioner of Corporation,
Rippbon Building,
Chennai.

3.Secretary,
Housing and Urban Development Department,
Secretariat, Chennai-600009.

4.B.Rajendran

5.R.Manjula .. Respondents

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 W.P.No.6004 of 2022

Prayer: Writ Petition is filed under Article 226 of the Constitution of

India, praying for issuance of a Writ of Mandamus, directing the 1 st and
2nd respondents to initiate appropriate action by removing the two shops
being run on the car parking area within a time frame that may be fixed
by this Court.
For Petitioner : Mr.S.Sai Shankar

For R1 : Mr.C.N.Vinobha
Standing Counsel for CMDA

For R2 : Mr.D.B.R.Prabhu
Standing Counsel

For R3 : Mrs.R.L.Karthika
Government Advocate

ORDER
(Order of the Court was delivered by V.M.VELUMANI, J.)
The present Writ Petition is filed for a direction to the respondents

1 and 2 to initiate appropriate action by removing the two shops being

run on the car parking area within a time frame that may be fixed by this

Court.

2. Heard Mr.S.Sai Shankar, learned counsel appearing for

petitioner, Mr.C.N.Vinobha, learned Standing Counsel appearing for 1st

respondent, Mr.D.B.R.Prabhu, learned Standing Counsel appearing for

2nd respondent as well as Mrs.R.L.Karthika, learned Government

Advocate appearing for 3rd respondent and perused the entire materials on
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 W.P.No.6004 of 2022

record.

3. The petitioner is Secretary of Owners Association Harington

Apartments. According to the petitioner, originally one Jubaitha Begum

@ Sharbunnissa is owner of Flat No.10, 2nd Floor and she owned two car

parking in the said apartment complex. The respondents 4 and 5

purchased only two car parking area by two Sale Deeds dated 07.01.1999

and 08.01.1999 bearing Document Nos.41 and 42 of 1999 respectively

on the file of the Sub Registrar of Periamet. After purchasing car parking

area, they unauthorisedly converted the same into commercial complex

and constructed two shops in the car parking area without any permission

and approval from the authority and let it out for rent to third parties,

who are running medical shop and fruits shop. On complaint given by the

petitioner, an enquiry was conducted by the 1 st respondent and found

commercial shops are constructed by the respondents 4 and 5. The appeal

filed by the respondents 4 and 5 for regularisation was dismissed by the

3rd respondent by order dated 11.11.2019. Now, the learned counsel

appearing for the petitioner submitted that even after rejection of the

appeal filed by the respondents 4 and 5, the 1 st respondent is not taking

any steps for removal of commercial building constructed in the car

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 W.P.No.6004 of 2022

parking area.

4. Considering the above submissions of the learned counsel

appearing for the petitioner, the 1st respondent is directed to take

appropriate action for removal of the shops in pursuant to the earlier

order dated 21.03.2013 against the respondents 4 and 5 after issuing

notice to the petitioner and respondents 4 and 5 as per law within a

period of four weeks from the date of receipt of a copy of this order and

file a status report before this Court on or before 03.03.2023.

5. With the above direction, the Writ Petition is disposed of. No

costs.

6. Post the matter for reporting compliance on 03.03.2023.

(V.M.V., J) (R.H., J)
02.02.2023
Index : Yes / No
Neutral Citation : Yes / No
dm

Note: Issue order copy on 13.02.2023.

To

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 W.P.No.6004 of 2022

1.Principal Secretary,
Chennai Metropolitan Development Authority,
Thalamuthu Natraja Maligai,
Gandhi Irwin Road,
Egmore
Chennai-600008.

2.Corporation of Chennai,
Represented by Commissioner of Corporation,
Rippbon Building,
Chennai.

3.Secretary,
Housing and Urban Development Department,
Secretariat, Chennai-600009.

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 W.P.No.6004 of 2022

V.M.VELUMANI, J.
and
R.HEMALATHA, J.

dm

W.P.No.6004 of 2022

02.02.2023

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