R GOMATHY Vs. ASSISTANT COMMISSIONER

JUDGEMENT

(1.) By consent the writ petition is taken up for final disposal. Mr.K.Soundarajan, learned standing counsel accepts notice on behalf of the respondents 1 to 3.

(2.) The petitioner would state that her husband's cousin brother Viz., Babu along with 11 others had filed a civil suit in O.S.No.2990 of 2017 on the file of III Assistant Judge, City Civil Court, Chennai, against the husband of the petitioner-the 1st defendant and four others, praying for declaration that the ground floor and first floor of the land comprised in T.S.No.25(Part) Block No.13, Thiyagaraya Nagar Division measuring east to west 15 >, north to south 8 feet measuring 126 square feet, including a portion adjoining F2 property is a joint family property of the plaintiff and the 2nd defendant and also for possession of the said property after demolishing the said property and also for mandatory injunction directing the 1st defendant to demolish and remove the structure made on the said suit property and the husband of the petitioner who is elder of 1st defendant had entered appearance and filed his written statement wherein he took a stand that the said suit property was released to him by all his brothers, sisters and his mother and he is in absolute possession and enjoyment of the same and he in turn executed a Settlement Deed in favour of the 5th respondent herein.

(3.) It is further averred by the petitioner that one Saraswathy, wife of Babu, filed WP.No.17610 of 2010 against the Commissioner, Corporation of Chennai and also against one G.Ramesh, praying for a writ of Mandamus directing the 1st respondent to initiate action under sections 256 and 222 of the Chennai City Municipal Corporation Act, to stop the illegal construction put up by the 2nd respondent therein and also to demolish the same in T.S.No.25, Block Construction No.13, Thiyagaraya Nagar, Division 125 and on the public street viz., Gandhi Street, West Mambalam, Chennai 33 and this Court vide order dated 07.11.2016 has disposed of the same, directing the 1st respondent to carry out an inspection at site and verify whether any encroachment has been made by the 2nd respondent or not and in case of any encroachment is found, action in accordance with law to be taken to remove the encroachment.