A DHAKSHNAMOORTHY Vs. CHENNAI METROPOLITAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THE petitioner has filed the above writ petition to issue a writ of mandamus directing respondents 1 and 2 to demolish the newly constructed unauthorised building at old door No. 8-B, New door No. 33, Vembuliamman Koil Street, K. K. Nagar, Chennai-600 078 in accordance with the provisions of the Chennai City Municipal Corporation Act, 1919.

(2.) PURSUANT to the direction of this Court, the first respondent has filed a counter affidavit, wherein it is stated that during the course of inspection on 28. 12. 2006, it was noticed that the construction of the fifth respondent is in the ground floor RCC structure with three shops and an A/c sheet shed on the rear side are in existence and no approval details are available at the site. Accordingly, the stop work notice was issued by CMDA vide notice No. D/3151/2006, dated 28. 12. 2006 calling for approved plan. In addition to the same, it is stated that the Corporation of Chennai was requested to take necessary action under the powers delegated by CMDA in letter No. EC3/26152/06 dated 29. 12. 2006 with a copy marked to the petitioner.

(3.) IN addition to the above information, the learned counsel appearing for the second respondent informs that notice under Section 236 of Madras City Municipal Corporation Act has already been issued on 19. 12. 2006 to the fifth respondent.