SELVARAJ Vs. MEMBER SECRETARY CHENNAI METROPOLITAN

JUDGEMENT

(1.) The petitioner has come out with the present Writ Petition for a direction to the respondents 1 & 2 to take appropriate action against the 3 rd respondent for constructing the unauthorised building in the premises in compliance of the order made by the 2 nd respondent dtd. 3/11/2015 in accordance with law within the time limit fixed by this Court.

(2.) Heard the learned counsel appearing for the petitioner as well as the learned Standing Counsel appearing for the respondents 1 & 2 and learned counsel appearing for the 3rd respondent and perused the entire materials on record.

(3.) According to the petitioner, he is the owner of the house bearing No.11, Jeevanantham 4th street, Kumaran Nagar, Avadi, Chennai. The 3rd respondent is the owner of ground + first floors building situate in S.F.No.716/10/2A, Door No.9, Jeevanantham 4 th street, Kumaran Nagar,Avadi, Chennai. The 3rd respondent has put up construction in her property. At the time of construction, the 3rd respondent damaged the building of the petitioner. In view of the same, the petitioner gave a representation to the 1st respondent to take action against the 3rd respondent. The 1st respondent referred the representation of the petitioner to the 2nd respondent as per the delegated powers given to the 2 nd respondent. The 2 nd respondent issued notice dtd. 26/12/2014 under Sec. 216(1) & (2) of the Tamil Nadu District Municipality Act, 1920 to the 3 rd respondent marking copy to the petitioner. However, the 2nd respondent has not taken any action against the 3rd respondent. Subsequent to the direction of the 1 st respondent, the 2 nd respondent issued demolition order against the 3rd respondent.