P A RANI Vs. K G KRISHNAN

JUDGEMENT

(1.) These two appeals arise out of the order dated 2-3-1994 passed by the learned single Judge in WP No. 2146 of 1993 and Contempt Appln. No. 388 of 1993, W.A. No. 420 of 1994 is prefered by the owner of the premises, whereas W.A. No. 425 of 1994 is preferred by Hotel Saravana Bhavan, claiming to be the lessee of the premises.

(2.) The petitioner is an Ex-Member of the Madras Metropolitan Development Authority, for short, 'M.M.D.A.'. He sought for issue of a writ in the nature of mandamus, directing respondents 1 and 2, the M.M.D.A. and the Corporation of Madras, to take appropriate action against the third respondent owner of the premises, and stop the constructions that are being put up by her on the property bearing Door No. Y 209, II Avenue, Anna Nagar, Madras 600 040, and also to demolish the unauthorised constructions put up by her in the aforesaid property and pass such other orders as are deemed necessary. Learned single Judge has held that the construction put up on the land bearing Door No. Y 209, Avenue, Anna Nagar, Madras 600 040, hereinafter referred to as 'the land in question', comprising of the first, second and third floors is an unauthorised construction; therefore, action for demolition in accordance with law should be taken. Of course, the building standing on the land in question consists of, cellar, ground floor, first floor, second floor and third floor. The directions given by the learned single Judge appear to cover the cellar and the ground floor also. However, the averments in the affidavit filed in support of the writ petition filed by the petitioner do not include the cellar and the ground floor. The directions given by the learned single Judge are as follows :

(3.) As far as the order passed in Contempt Application No. 388 of 1993 is concerned, no grievance is made before us; therefore, we do not consider it necessary to go into the correctness of the order passed by the learned single Judge, dismissing C.A. No. 388 of 1993.