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Judgment
N. Paul Vasanthakumar, J.
Writ Petition No. 3346 of 2014 is filed praying for issuing a writ of mandamus, directing the respondents 1 to 3 to consider and dispose of the representation dated 31.01.2014 for the purpose of removal of encroachment put up by the fifth respondent in Devraj Nagar, Okkium Thorapakkam, Chennai, comprised in S.No. 405/8A5 part being part of Block Nos. F1,F2,G,H,I,J, as sanctioned by CMDA approved layout No. 123/88 measuring a total extent of around 57,000 square feet which is situated within the Sub Registration District of Neelangarai, in a time bound manner.
It is the contention of the petitioner that he is a builder and promoter and during the course of one such construction involving 26 independent houses/villas in Devraj Nagar, Okkium Thorapakkam, Chennai, as per the sanctioned plan by CMDA, when the construction was almost completed and possession was also handed over to various buyers, the fifth respondent herein, having purchased the property bearing Plot Nos. 82,82A and 83, is said to have given trouble to most of the residents in the locality and that the petitioner also received various complaints regarding the behaviour of the fifth respondent. The petitioner is still in the process of handing over certain other houses/villas which are nearing completion and that the access to the said locality is by a 40 feet road as its main access road and thereafter a 20 feet road in order to reach the various plots. An objection was raised regarding the construction/putting up of the gate by the fifth respondent and for taking action, the petitioner has submitted a representation on 31.1.2014.
Writ Petition No. 2175 of 2014 was filed by Lumbini Villas Owners Association, which also prayed for issuing a writ of mandamus, forbearing the respondents from in any manner disturbing the peaceful possession and enjoyment of the residential premises, including the common gate fixed at the entrance and exit, in Division No. 194, Zone 15, Sholinganallur in Survey No. 405/8A5 of Okkiam Thoraipakkam Village.
The controversy in issue is in respect of putting up of a gate, the application filed by the petitioner in W.P.No. 3346 of 2014 having been kept pending, and there was a dispute regarding the putting up of the gate, this Court passed an interim order on 11.8.2014 by appointing an Advocate Commissioner to inspect the premises and to submit a report within a period of two weeks. Pursuant to the said direction, the learned Advocate Commissioner also inspected the premises and submitted a report on 11.9.2014 along with the plan and photographs.
Since the matter is now pending on the file of the first respondent, who is the competent authority, this Court is not going to the controversy raised in these writ petitions. However, these writ petitions are disposed of with a direction to the first respondent to consider the representation submitted by the petitioner in W.P.No. 3346 of 2014, after hearing the petitioners in both the writ petitions as well as the private respondents, and pass orders within a period of six weeks from the date of receipt of a copy of this order and while passing orders, the first respondent is directed to bear in mind the report submitted by the Advocate Commissioner stated supra. Consequently, M.P.Nos. 1 and 2 of 2014 are closed. No Cost.