S JAYALAKSHMI Vs. CORPORATION OF CHENNAI

JUDGEMENT

(1.) THE petitioners have approached this Court to issue a writ of Mandamus directing respondents 1 to 3 to take necessary action in accordance with law against the fourth respondent for putting up the new construction in the common area situated in Block Nos. M35 and M36 Dr. P. T. Rajan salai, K. K. Nagar, Chennai-600 078.

(2.) THOUGH notice had been duly served to the fourth respondent, he has not chosen to contest the above writ petition by engaging a counsel.

(3.) PURSUANT to the direction of this Court, a report has been filed on behalf of Respondents 1 and 2, which shows that the building in dispute was in existence since 1984. Originally there was a thatched roofand subsequently, the fourth respondent altered the building by changing the same into RCC roof in the month of June 2006 without obtaining permission. Accordingly, notice under section 236 of the Chennai City Municipal Corporation Act (hereinafter referred to as "the Act) was issued by the respondent-Corporation to the fourth respondent. The report further shows that since the fourth respondent has not complied with the direction as per the notice issued under Section 236 of the Act, the respondent-Corporation issued another notice under Section 256 (1) and (2) of the Act on 22. 03. 2007 and also assured this Court that they will take further action against the unauthorised construction.