A.R.SUJATHA Vs. CHENNAI METROPOLITAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This writ petition is filed by a Practising Advocate, the owner of a flat bearing Door No.AB-123, Ground Floor, Shanthi Colony, Anna Nagar, Chennai - 600 040, praying for issuance of Writ of Mandamus directing the respondents 1 to 5 to take immediate steps to demolish the illegal construction and dismantle the sheds put up by the sixth respondent in the common open space at AB-126, 4th Avenue, Shanthi Colony, Anna Nagar, Chennai - 600 040, pursuant to the notice dated 17.05.2018, issued by the second respondent.

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(3.) The learned counsel appearing for the petitioner has drawn the attention of this Court to the affidavit filed in support of this writ petition as well as the supporting documents in the form of typed set of documents and would submit that the sixth respondent had purchased a flat bearing No.AB-126, (Old Door Nos.AB-1258 & 38D), 4th Avenue, Shanthi Colony, Anna Nagar, Chennai - 600 040, admeasuring to an extent of 801 sq.ft. (super plinth area), together with 1775 sq.ft. of Undivided Share of Land, through a registered sale deed dated 17.03.2017, registered on the file of the Sub Registrar, Anna Nagar, and without any permission or authorisation, had done some work on the terrace/open common space area and started a commercial venture under the name and style of "Kongu Naattu Thottathu Virundhu". It is the further submission of the learned counsel appearing for the petitioner that on account of the unauthorised construction put up on the common space/area, coupled with the fact that unauthorised using of the residential building as non-residential, the petitioner was constrained to file a Civil Suit in C.S.No.889/2017 before this Court against the sixth respondent herein, praying for damages of Rs.25,00,000/- and for a permanent injunction restraining him, his agents or anyone from converting, constructing or to do any alteration, or new additional construction or changing the flat with undivided share of land in the Schedule-B property in any nature other than as to what it was allotted without any valid permission thereof from other owners of the flats and also sanction from Corporation (or) Chennai Metropolitan Development Authority and for a mandatory injunction to restore the land, amenities, open space and building in Schedule-B to its original condition as it was allotted by removing all the new additional construction, alteration and conversions. Pending disposal of the said Civil Suit, the petitioner has filed O.A.No.1144 of 2017, praying for an interim injunction and the learned Single Judge of this Court, had granted an exparte order of injunction, vide order dated 14.11.2017.