HC imposes costs on CMDA, Corpn Commissioner

The Madras High Court today directed the Commissioner of Corporation of Chennai and the Member Secretary, Chennai Metropolitan Development Authority to pay Rs.25,000 each to Tamil Nadu State Legal Services Authority for not filing a reply on a writ petition.
"No response is forthcoming either from CMDA or Corporation of Chennai and counsel for the two departments seek a week's time again to submit their response. On the request of the counsel a week's time is granted subject to payment of Rs.25,000 each as costs, a Division Bench, comprising Justice Sathish K. Agnihotri and Justice K.K. Sasidharan said.
The bench also made it clear that the above costs paid by the departments shall be recovered from the officers concerned "who are responsible for not responding and filing an appropriate affidavit."

It observed that despite repeated adjournments, the departments have not filed their response.
The matter relates to an unauthorised construction carried out by one Mohamed Ilyas of Valasaravakkam against which the Starlite Residency Owners Welfare Association of the area had made complaints to the officials.
K. Ramakrishna Reddy, Counsel for Starlite Residency, had submitted that despite the stop work notice issued by authorities, Mohammed Ilyas continued the construction. Even after several representations were made to the authorities, no action was taken.
The court had earlier directed the departments concerned to file a reply stating whether the dispute involved in the writ petition "is a private dispute or it is for the authorities to take some action."

As they had not filed the counter, the bench imposed costs on the departments.