IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 28.04.2009 C O R A M : THE HONOURABLE MR. H.L. GOKHALE, THE CHIEF JUSTICE AND THE HONOURABLE MR. JUSTICE F.M. IBRAHIM KALIFULLA W.P. No.7955 of 2009 and M.P.No.1 of 2009 1.Babu 2.Sasikala ... Petitioners ..vs.. The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajan Maligai, 2, Gandhi Irwin Road, Egmore, Chennai-600 008. 2.The Commissioner, Corporation of Chennai, Ripon Buildings, Park Town, Chennai-600 003. 3. Subramani ... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking to issue a writ of mandamus directing respondents 1 and 2 to remove the staircase duly put up by the third respondent over and above the Corporation land in such a way to block the air and light meant for petitioners' property that had been enjoyed by the petitioners all along at the eastern side of their property comprised House, Ground and Premises bearing new Door No.16, Old No.9, De Mellows Road, 3rd Street, also known as Kaja Ahamed Sahib Street, Perambur Barracks, Puliyanthope, Chennai-600 012 comprised in R.S.No.1736/9 situated at Vepery Village, bearing Collector Application No.441/83 dated 21.5.1983 within the Sub-Registration District of Periamet and within the Registration District of Madras Central as the same is unauthorised, irregular and without a sanctioned plan and consequently forbear the third respondent from putting up any further construction at the eastern side of petitioners' property and at the western side of the third respondent's property over and above the land vested by the Corporation situated in the middle between them and the 3rd https://hcservices.ecourts.gov.in/hcservices/ respondent's properties either by himself, his workmen, agents, representatives and assigns etc. For Petitioners : Mr. D. Ashok Kumar For Respondents : Mr. D. Veerasekaran for R1 Mr.L.N.Praghasam for R2 N.A. for R3 O R D E R (Order of the Court was made by THE HONOURABLE THE CHIEF JUSTICE) 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. https://hcservices.ecourts.gov.in/hcservices/ 4. As far as the present proceeding is concerned, it is a proceeding by a person against a neighbour, seeking a direction to the Chennai Metropolitan Development Authority and Corporation and it is not a suit by an encroacher. Hence, the suit can very well be proceeded with. The plaint will therefore be resubmitted to the Civil Court for proceeding further. 5. In such view of the matter, this writ petition is dismissed, with a liberty to proceed with the Civil suit. Consequently, the connected miscellaneous petition is closed. However, there shall be no order as to costs. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. ssa. To 1. The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajan Maligai, 2, Gandhi Irwin Road, Egmore, Chennai-600 008. 2. The Commissioner, Corporation of Chennai, Ripon Buildings, Park Town, Chennai-600 003. + 1 CC to Mr.D.Veerasekaran, Advocate SR.NO.18743 + 1 CC to Mr.L.N.Prakasam, Advocate SR.NO.18549 + 1 CC to Mr.D.Ashok Kumar, Advocate SR.NO.18832 W.P. No.7955 of 2009 and M.P.No.1 of 2009 MS(CO) EM/11.5 https://hcservices.ecourts.gov.in/hcservices/