BABU Vs. MEMBER SECRETARY CHENNAI METROPOLITAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) HEARD Mr. D. Ashok Kumar in support of this petition, Mr. D. Veerasekaran, learned counsel appearing for the first respondent and Mr. L. N. Praghasam, learned counsel appearing for the second respondent. The third respondent is a private party.

(2.) THIS writ petition is filed, seeking a direction against respondents 1 and 2 to take action against respondent No. 3 for the alleged illegal construction put up by him. The petitioner has already filed a suit for the very same purpose and the learned Judge of the City Civil Court has returned the plaint, by relying upon the decision of a Division Bench of this Court reported in the case of CONSUMER ACTION GROUP v. THE STATE OF TAMIL NADU (2006 (4) CTC 483 ). The relevant direction in paragraph 32 (xv) of the said decision reads as follows:-"no Civil Court shall entertain any suit or proceedings or Application in respect of the action taken by the CMDA or Corporation in respect of the illegal construction and encroachments on roads and pavements. All pending and future petitions filed/to be filed against CMDA and the Corporation relating to the illegal and unauthorised construction of buildings and or encroachment, and the demolition notice shall be placed before the special bench to be nominated by the Chief Justice. "

(3.) AS far as this paragraph is concerned, it is clear that it deals with illegal construction and encroachment on roads and pavements by the individuals or Organizations. When Chennai Metropolitan Development Authority or Municipal Corporation takes action against them, the aforesaid paragraph states that their suits will not be entertained by the Civil Courts.