IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:27.11.2006 CORAM: THE HON'BLE MR. JUSTICE P. SATHASIVAM AND THE HON'BLE MR. JUSTICE S. TAMILVANAN WRIT PETITION NO.23042 OF 2004 AND WPMP.NOs.27868 & 46947 OF 2004 .. P. Jeyasingh Peter .. Petitioner vs. 1.Chennai Metropolitan Development Authority, rep. By its Member Secretary Chennai 600 008. 2.Government of Tamil Nadu rep. By Secretary Housing Department Fort St. George, Chennai 9. 3.Government of Tamilnadu rep. By Secretary Revenue Department Fort St. George Chennai 600 009. 4.Corporation of Chennai rep. By its Commissioner Rippon Buildings Chennai 600 003. 5.S.K.G. Mohideen .. Respondents https://hcservices.ecourts.gov.in/hcservices/ Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified mandamus as stated therein.( Ref. L.O. No. Reg/C6/26162/2002, dated 22.07.2004 on the file of the 1st Respondent) For petitioner : Mrs. Chitra Sampath For respondents: Mr. J. Ravindran for R.1 Mr. K. Elango,Spl.G.P. For R.2&3 Mr. T. Mathi for R.4 Mr. Rahul Balaji for Mr. M. Kempraj for R.5 .. ORDER (Order of the Court was made by P. Sathasivam,J.) Aggrieved by the proceedings of the first respondent dated 22.07.2004, the petitioner by name P. Jeyasingh Peter has filed this writ petition to quash the same and direct the respondents to demolish the unauthorised deviated construction put up by 5th respondent in Plot No.5, Old No.55, New No.131, Medavakkam Tank Road, Kilpauk, Chennai 10. 2. Heard the learned counsel for the petitioner as well as the respondents. 3. During the course of hearing, the learned counsel appearing for the 5th respondent by drawing our attention to the decision of the First Bench of this court in the case of Consumer Action Group vs. The State of Tamil Nadu (2006 (4) CTC 481) sought permission to file an affidavit to the effect that till Monitoring Committee considers the complaint of the petitioner and the claim of the 5th respondent, he will not use the premises in question for any function and if at all the same will be used for residential purpose and depending on the decision of the Monitoring Committee, further course will be adopted. Considering the said request, we permitted the 5th respondent to file an affidavit. Pursuant to the same, 5th respondent has filed an affidavit dated 24.11.2006. Among the details furnished in the affidavit, his undertaking in para 6 is relevant, which read as under. https://hcservices.ecourts.gov.in/hcservices/ "6. I undertake that until final orders are passed by the Monitoring Committee in accordance with the directions passed by this Hon'ble Court, I shall not use the premises for any function and if the premises are put to use it will be only for residential purpose and thereafter I will act in terms of the order of the said Monitoring Committee." The above undertaking is hereby recorded. 4. In view of the order of the First Bench referred to above, the first respondent as well as 5th respondent are permitted to move the Monitoring Committee for appropriate relief/order. In view of the fact that this Court has granted an order of status quo even as early as on 04.10.2004, it is made clear that the same order shall continue till final decision being taken by the Monitoring Committee. The writ petition is disposed of on the above terms. No costs. Connected WPMPs., are closed. kh Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar To 1.The Member Secretary Chennai Metropolitan Development Authority, Chennai 600 008 2.The Secretary Government of Tamil Nadu Housing Department Fort St. George, Chennai 9. 3.The Secretary Government of Tamilnadu Revenue Department Fort St. George Chennai 600 009. https://hcservices.ecourts.gov.in/hcservices/ 4.The Commissioner Corporation of Chennai Rippon Buildings Chennai 600 003. + one cc to Mr. J. Ravindran, Advocate sr no. 58212 + one cc to M/s. Chitra Sampath Advocate sr no. 58085 + one cc to the Government Pleader sr no. 57935 +3ccs to Mr. M. Kempraj, ADvocate sr no. 57762 + one cc to Mr. T. Mathi Advocate sr no. 57728 GGK (CO) nm(15.12.2006) W.P.No.23042 of 2004 https://hcservices.ecourts.gov.in/hcservices/