Mathiyalagan v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 13.04.2018
CORAM
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR. JUSTICE P.RAJAMANICKAM WP.No.9040/2018 & WMP.Nos.10893 & 10894/2018 Mathiyalagan ..
Petitioner
Versus
1.The Secretary to Government Housing & Urban Development Department St George Fort, Secretariat, Chennai 600 009. 2.The Commissioner Greater Chennai Corporation Rippon Buildings, Chennai 600 003.
3.The Executive Engineer, Zone-XI Greater Chennai Corporation Lake Area, Nungambakkam Chennai 600 034.
..
Respondents Prayer:- Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus calling for the records pertaining to the impugned notice dated 19.01.2018 of the notice No.Z.O.IX.C.No.00045/2018 of the 3rd respondent and quash the same and consequently forbear the respondents, their men, subordinates and
persons claiming through them from interfering with the peaceful possession by way of locking and sealing pending consideration of the appeal filed us.80-A of the Town and Country Planning Act, 1971. For Petitioner :
Mr.S.Santhan For R1 :
Mr.R.Udhayakumar, AGP For R2&R3 :
Mr.A.Nagarajan
ORDER
[Order of the Court was made by M.SATHYANARAYANAN, J.,] By consent, the writ petition is taken up for final disposal. Mr.R.Udhayakumar, learned Additional Government Pleader accepts notice on behalf of the 1st respondent and Mr.A.Nagarajan, learned Standing counsel accepts notice on behalf of the respondents 2 and 3. One D.Hari filed WP.No.25818/2017 to direct the respondents 2 and 3 therein to stop with the further demolition of the house bearing Plot No.3, Old Door No.48/46, West Namachivayapuram, Choolaimedu, Chennai-94 and this Court, vide order dated 27.09.2017, directed the concerned officials of the respondents to cause inspection of Plot Nos.1 to 5 and accordingly, the Inspection Report dated 02.01.2018 was submitted and it is relevant to extract the same:-
S.No Plot No As per sanctioned plan As per Site Set Back Details As per Ground Name of the Owner Remarks NIL G+2 Floors No setback in all sides G.F.-66.11 M2 F.F.-66.11 M2 S.F.-66.11 M2 Tiru.Mathiylahan Unauthorised construction of Ground Floor, First Floor and second Floor Total-198.33M2 NIL Ground Floor West-1.20m East-3.70m North-0.85m South- 1.60m G.F-21.73 M2 Toilet-4.16 M2 Staircase - 1.71 M2 Thiru. P. Sambandam Unauthorised Construction of Ground Floor Total-27.60 M2 Stilt + 2 Floors G+2 floors No setback in all sides G.F. - 84.70 M2 F.F. - 84.70 M2 Total - 169.40 M2 Setback:- West - 7.11 x 1.50 = 10.67 M2 East - 7.11 x 1.51 = 10.74 M2 Thiru D.Hari Second Floor demolished as per the Hon'ble High Court direction.
Deviation in Ground Floor and first floor.
NIL G+1 floor No setback in all sides G.F. - 69.30 M2 F.F. - 69.30 M2 Thiru R.Ravi Unauthorised construction of ground floor and first floor.
Total - 138.60 M2 NIL G+2 Floors No setback in all sides G.F. - 40.28 M2 F.F. - 40.28 M2 S.F. - 40.28 M2 Thiru Vishwanathan Unauthorised construction of ground floor & First Floor & Second Floor Total - 120.84 M2 The Inspection Report reveals that the petitioner is also guilty of putting up unauthorised construction consisting of Ground, First and Second Floors, having a total plinth area of 198.33 sq.m. The 3rd respondent has issued a Locking, Sealing and Demolition Notice dated 09.11.2017 and it is followed by the impugned De-Occupation Notice dated 19.01.2018 and challenging the De-Occupation Notice dated 19.01.2018, the petitioner has filed a special revision dated 05.03.2018 u/s.80-A of the Tamil Nadu Town and Country Planning Act, 1971, before the 1st
respondent and despite receipt and acknowledgment, no orders have been passed so far and taking advantage of the same, the 3rd respondent is proceeding further to demolish the offending construction and hence, the petitioner is constrained to approach this Court by filing the present writ petition.
Per contra, Mr.A.Nagarajan, learned standing counsel appearing for the respondents 2 and 3 would submit that in the light of the Inspection Report dated 02.01.2018, further action is being taken and also undertakes to inspect the entire area and file a further Status Report. The Court heard the submissions of Mr.R.Udhayakumar, learned Additional Government Pleader appearing for the 1st respondent and perused the materials placed before it.
Though the petitioner had prayed for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioner, directs the 1st respondent or the delegated official, to entertain the special revision, if the papers are otherwise in order and give a disposal in accordance with law
within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner herein. The writ petition stands disposed of with the above direction. No costs. Consequently, connected miscellaneous petitions are closed. [MSNJ] [PRMJ] 13.04.2018 Internet : Yes AP To 1.The Secretary to Government Housing & Urban Development Department St George Fort, Secretariat, Chennai 600 009. 2.The Commissioner Greater Chennai Corporation Rippon Buildings, Chennai 600 003.
3.The Executive Engineer, Zone-XI Greater Chennai Corporation Lake Area, Nungambakkam Chennai 600 034.
M.SATHYANARAYANAN, J., AND P.RAJAMANICKAM, J., AP WP.No.9040/2018 13.04.2018