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2025 DIGILAW 83 (MAD)

Mahalakshmi Malika Residential Flat Owners Association v. Secretary to Government, Housing and Urban Development

2025-01-03

K.RAJASEKAR, M.SUNDAR

body2025
ORDER : M.SUNDAR, J. In the captioned main 'Writ Petition' (hereinafter 'WP' for the sake of brevity), there is one writ petitioner and seven respondents. 2. Mr.E.J.Ayyappan, learned counsel on record for writ petitioner, Mr.T.K.Saravanan, learned Government Advocate for R1 and R4, Mr.S.Gopinathan, learned Standing Counsel for R2 and R5 (Greater Chennai Corporation), Mr.Akhil Akbar Ali, learned Standing Counsel for R3 (Chennai Metropolitan Development Authority), Mr.A.Gokulakrishnan, learned Additional Public Prosecutor for R6 and Ms.G.V.Shoba, learned counsel for R7 are before us. This means that all the parties to the captioned WP are represented by their respective counsel. 3. A lay out consisting of plots which goes by the name Golden George Nagar at Justice Ratnavel Pandian Road in No.59, Mogappair Village, Ambattur Taluk, Thiruvallur District (now Chennai District) is the subject matter of captioned WP. 4. A gift deed dated 22.03.2005 registered as Document No.1733 of 2005 on the file of the Sub Registrar Office, Konnur within the jurisdiction of Registration District of Madras North was executed by Mr.R.Jabarchand and seven others in favour of 'Chennai Metropolitan Development Authority' (hereinafter 'CMDA' for the sake of brevity). A scanned reproduction of this undisputed registered gift deed as placed before us is as follows: 5. A careful perusal of the aforereferred gift deed brings to light that land admeasuring 1200 sq. meters or thereabouts in aforementioned Golden George Nagar has been donated for Open Space Reservation (OSR). 6. The short point is, writ petitioner alleges that R7 has encroached upon OSR land and put up an unauthorised construction describing the same as Plot No.379. R7 disputes this position. In the light of the such disputation and contestation, a survey (g[yj;jzpf;if) was done, a Town Survey Inspector of Ambattur Municipality has given a report (g[yj;jzpf;if Fwpg;g[) dated 29.06.2016 and a scanned reproduction of the same is as follows: 7. To be noted, above g[yj;jzpf;if Fwpg;g[ has been placed before us by R7. 8. When matter stands as above, learned State counsel, on the basis of written instructions dated 17.12.2024 submits that R4 conducted a survey and did not notice any violation. This is rather baffling. 9. Another intriguing feature is, the sketch described as lay out of Golden George Nagar has been placed before us and in this sketch, we do not find Plot No.379. A scanned reproduction of the sketch as placed before us is as follows: 10. This is rather baffling. 9. Another intriguing feature is, the sketch described as lay out of Golden George Nagar has been placed before us and in this sketch, we do not find Plot No.379. A scanned reproduction of the sketch as placed before us is as follows: 10. Owing to the aforementioned murky scenario, we deem it appropriate to suo motu implead The Revenue Divisional Officer (RDO), Chennai Central Division, Ambattur Estate Road, Chennai – 600 101 as R8 and Mr.T.K.Saravanan, learned Government Advocate accepts notice for R8 also. 11. In the light of the narrative and discussion thus far, the following order is made: 11.1 R8 / The Revenue Divisional Officer (RDO), Chennai Central Division, Ambattur Estate Road, Chennai – 600 101 shall conduct g[yj;jzpf;if (Survey) of OSR which is the subject matter of gift deed dated 22.03.2005 registered as Document No.1733 of 2005 on the file of the Sub Registrar Office, Konnur within four weeks from today i.e., on or before 31.01.2025; 11.2 The aforementioned survey shall be conducted by R8 jointly with officers from the office of R2 and R3; 11.3 Before survey, not less than three days advance notice shall be given to writ petitioner and R7. It is open to Secretary of writ petitioner Association and R7 to be present during survey; 11.4 A survey report shall be submitted by R8 to R2; 11.5 If the survey report finds any violation i.e., encroachment of OSR or unapproved/unauthorised construction, appropriate action/s under applicable statute/s shall be commenced and concluded by the official respondents as expeditiously as their official business would permit but in any event within twelve weeks from today i.e., by 28.03.2025; 11.6 Though obvious, we make it clear that if no violation in the form of encroachment or unauthorised construction is found it will be curtains on the matter; 11.7 By way of post script, we are requisitioning the presence of R4 and Town Survey Inspector but the above proceedings will go on without waiting for their affidavits. As regards R4 and efu rhh; Ma;thsh;, learned State counsel (Government Advocate Thiru.T.K.Saravanan) undertakes to inform said officials about the need to remain present in this Court on 10.01.2025. 12. Captioned WP is disposed of in the aforesaid manner with the aforementioned directives. Consequently, captioned Writ Miscellaneous Petition (WMP) thereat is disposed of as closed. There shall be no order as to costs. 12. Captioned WP is disposed of in the aforesaid manner with the aforementioned directives. Consequently, captioned Writ Miscellaneous Petition (WMP) thereat is disposed of as closed. There shall be no order as to costs. (M.S.,J.) (K.R.S.,J.) 03.01.2025 Index : Yes / No Neutral Citation : Yes / No mmi P.S: Though captioned WP has been disposed of, let the Registry list this matter under the caption 'FOR AFFIDAVITS' one week hence i.e., on 10.01.2025. On 10.01.2025, the efu rhh; Ma;thsh;, Ambattur Municipality and Tahsildar, Ambattur Taluk shall remain present in the Court with their respective affidavits as regards the report of efu rhh; Ma;thsh; dated 28.06.2016 and the written instructions of R4 given to learned State counsel on 17.12.2024. To 1.The Secretary to Government, Housing and Urban Development, Fort St. George, Chennai – 9. 2.The Commissioner, Corporation of Chennai, Ripon Buildings, Chennai – 3. 3.The Member Secretary, CMDA No.1, Gandhi Irwin Road, Egmore, Chennai – 8. 4.The Tahsildar, Ambattur Taluk, Chennai – Thiruvallur High Road, Gandhi Nagar, Ambattur, Chennai – 53. 5.The Zonal Officer, Ambattur Zone – 7, Greater Chennai Corporation, No.536, Chennai-Thiruvallur High Road, Kamaraj Nagar, Ambattur, Chennai – 53. 6.The Inspector of Police, V-3, J.J.Nagar Police Station, Chennai – 37. 7. The Revenue Divisional Officer Chennai Central Division, Ambattur Estate Road, Chennai – 600 101. M.SUNDAR, J., and K.RAJASEKAR, J., mmi W.P.No.2225 of 2021 03.01.2025