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2025 DAILYLAW 90564 (MAD)

KGS PRIMROSE FLAT OWNERS-WELFARE ASSOCIATION (REGN.NO.535/2018) v. THE MEMEBR SECRETARY

WP/32096/2024 · 2025-04-23

K Rajasekar, S M Subramaniam

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP No. 32096 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23-04-2025 CORAM THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR WP No. 32096 of 2024 1. KGS Primrose Flat Owners-welfare Association (regn.No.535/2018) Rep. By Its Secretary Raghu Krishnan, No.7, Velachery-tambaram Main Road, Pallikaranai, Chennai-600 100. Petitioner(s) Vs 1. The Member Secretary Chennai Metropolitan Development Authority, Thalamuthu Natarajan Building, Gandhi Irwin Road, Egmore, Chennai-600 008. 2.M/s.Kgeyes Residency (p) Ltd., Rep. By Its Managing Director 'Srushtissthal' No.10, 2nd Cross Treet, R.A.Puram, Chennai-28 3.Vijay Kumar Lodha VJ Cars, No.62/28, Jeenis Road, Saidapet, Chennai-600 015. https://www.mhc.tn.gov.in/judis WP No. 32096 of 2024 4.Peter Alphonse Srijees Apartments, Lloyds Road, Royapettah, Chennai-600 014. 5.M/s.Deepam Medfirst Hospitals, Rep. By Its Director, No.129, Velachery-tambaram Main Road, Pallikaranai, Chennai-600 100. Respondent(s) PRAYER Directing the 1st respondent to forthwith act in furtherance of the de-occupation notice issued by it on 11.07.2022 in Letter No.EC/S-II/ 1637/ 2016 on the 4th respondent by taking enforcement action against the illegal and deviant structure put up in block-III of KGS Primrose Apartment Complex and restoring block-III back to its original state according to the approved plan of the 1st respondent issued vide permit No.8102 in letter No.C3/ 14142/ 2012 dt.10.07.2013 For Petitioner(s): Mr.N.Srinivas Jayaprakash For Respondent(s): Mr.C.Manoharan Standing Counsel for CMDA for R1 No appearance for R2 & 3 R4 not ready in notice Mr.Vimal B.Chimson for R5 ORDER (Order of the Court was made by S.M.Subramaniam J.) With reference to the relief sought for in the present Writ proceedings challenging the de-occupation notice, a writ petition under Section 80A of the https://www.mhc.tn.gov.in/judis WP No. 32096 of 2024 Tamil Nadu Town and Country Planning Act was filed by the 5 th respondent. 2. The Government granted interim order vide Letter dated 28.01.2025. Admittedly, the review petition is pending. Therefore, further enforcement action ought to be continued if required based on the outcome of the order to be passed by the Government in the review petition filed under Section 80A of the Tamil Nadu Town and Country Planning Act. 3. With the above observations, the Writ Petition is disposed of. No costs. Consequently, the connected Miscellaneous Petitions, if any, are closed. (S.M.SUBRAMANIAM J.)(K.RAJASEKAR J.) 23-04-2025 gd Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No https://www.mhc.tn.gov.in/judis WP No. 32096 of 2024 To 1.The Member Secretary Chennai Metropolitan Development Authority, Thalamuthu Natarajan Building, Gandhi Irwin Road, Egmore, Chennai-600 008. 2.M/s.Kgeyes Residency (p) Ltd., Rep. By Its Managing Director Srushtissthal No.10, 2nd Cross Treet, R.A.Puram, Chennai-28 3.Vijay Kumar Lodha Vj Cars, No.62/28, Jeenis Road, Saidapet, Chennai-600 015. 4.Peter Alphonse Srijees Apartments, Lloyds Road, Royapettah, Chennai-600 014. 5.M/s.Depam Medfirst Hospitals, Rep. By Its Director, No.129, Velachery-tambaram Main Road, Pallikaranai, Chennai-600 100. https://www.mhc.tn.gov.in/judis WP No. 32096 of 2024 S.M.SUBRAMANIAM J. AND K.RAJASEKAR J. gd WP No. 32096 of 2024 23-04-2025 https://www.mhc.tn.gov.in/judis