(1.) The Petitioner has filed the present Writ Petition praying for passing of an order in directing the Respondents 1 to 6 to take necessary action against the unauthorised construction (sheds) and the unauthorised commercial Hotel and Biryani business and other fast food activities being carried on at the premises bearing door No.109 (New No.121), Valluvar Kottam High Road, Nungambakkam High Road, Chennai '34, previous known as No.34, Ramanaicken Street, Nungambakkam, Chennai ' 34, and close down any such illegal business, and not to grant or renew any permission or license of any kind to the 7th, 8th and 9th Respondents or to anyone else for running any commercial activities or Hotel/restaurant/fast food or any eating house business or for any alternations/additions in the said premises.
(2.) Heard both sides.
(3.) It is a stand of the Petitioner that he is the owner of the first floor bearing No.121/F1 (Old No.109) and undivided share in the property bearing Door No.109, Valluvar Kottam High Road, Nungagmbakkam High Road, Chennai -34, previous known as No.34, Ramanaicken Street, Nungambakkam, Chennai. It is a part of a larger property and the entire larger property was partitioned as per registered Partition Deed dated 05.03.2007 (vide Document No.581 of 2007). In fact, as per the said Partition Deed, the vacant land situated in the middle portion (of the said larger property) measuring an extent of 952 sq.ft. was allotted to the share of the Petitioner and his brother, the 7th Respondent. As such, the Petitioner has half undivided share in the said land area measuring 952 sq.ft. and the other half undivided share belongs to the 7th Respondent. Likewise, the Petitioner allotted 1/4th undivided share in the common pathway situated in the Northern side measuring 568 sq.ft.