Illegal construction put up by neighbour on Corporation land-Suit seeking direction to CMDA and Corporation to take action against neighbour/3rd Respondent - Held,maintainable.

Citation

2009 (3) CTC 609 (Mad)

IN THE HIGH COURT OF MADRAS

H.L. Gokhale, C.J. and F.M. Ibrahim Kalifulla, J.

W.P. No.7955 of 2009 and M.P. No.1 of 2009.

Babu and Another

April 28, 2009

The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajan Maligai, Gandhi Irwin Road, Egmore, Chennai- 600 008; the Commissioner, Corporation of Chennai, Ripon Buildings, Park Town, Chennai-600 003; Subramani

...Petitioner

...Respondent

Suit - Maintainability - Illegal construction put up by neighbour on Corporation land-Suit seeking direction to CMDA and Corporation to take action against neighbour/3rd Respondent - Held,

maintainable.

Code of Civil Procedure, 1908 (5 of 1908), Section 9 Maintainability of Suits against CMDA or Municipal Corporation-Only in respect of action taken by such authorities Suits are not maintainable Suits against neighbours where directions are sought against CMDA or Corporation are maintainable Judgment in Consumer Action Group v. The State of Tamil Nadu, 2006 (4) CTC 483 explained.