Madhava Rao v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.07.2019
CORAM
THE HON'BLE MRS.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.3804 of 2019 1 Madhava Rao 2 Pandian 3 K.Rajagopalan 4 Sathish Raghupathy 5 Anil Kamlesh Dhanani 6 Naryanan Srinivasan 7 A.Guruva 8 S.Jagan Mohan Rao 9 Prasad 10 Amuthan.S 11 Senguttuvan .M 12 Vajiravelu Jayakumar 13 Aftha Begum 14 Subbalaxmi 15 Nassarali Alibasha 16 Naznekathu .. Petitioners Vs 1 The Commissioner Corporatiion of Chennai Ripon Building Chennai - 600 003.
2 The Member Secretary Chennai Metropolitan Development Authority Gandhi Irwin Road, Egmore Chennai - 600 008.
3 The Executive Engineer Planning and Development Ward No.134 Zone 10 Corporation of Chennai Chennai-600 003.
4 Rajni Foundation Private Limited New No.2, Old No.39 Damodaran Street T.Nagar Chennai-600 017.
5 K.Banumathi .. Respondents PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the third respondent to remove the illegal and unauthorized construction put up by respondents 4 and 5 illegally encroaching the public road situated at Block No.48, Plot No.5, TS No.9/9, Baskara Street, Rangarajapuram Chennai600 024. For Petitioners : Mr.Karthikeyan Sekar For Respondents : Dr.C.Ravichandran for respondents 1 and 3 Mr.S.Thiruvengadam for 2nd respondent Mr.S.Mohan for 4th respondent Mr.P.Ilayarajkumar for M/s.Ramalingam Associates for 5th respondent
ORDER
(Order of the Court was made by M.DURAISWAMY,J.) The petitioners have filed the above writ petition to issue a writ of mandamus directing the third respondent to remove the illegal and unauthorized construction put up by respondents 4 and 5 illegally encroaching the public road situated at Block No.48, Plot No.5, TS No.9/9, Baskara Street, Rangarajapuram Chennai-600 024.
2. It is the case of the petitioners that respondents 4 and 5 have put up construction illegally encroaching the public road situated at Block No.48, Plot No.5, TS No.9/9, Baskara Street, Rangarajapuram Chennai-600 024.
3. The third respondent has filed a counter affidavit, wherein it has been stated that the vacant plot at T.S.No.9/9
(Part), Block No.48, Puliyur Village in Rangarajapuram area is a patta land owned by one Banumathy, as per the revenue records submitted by the plot owner. Further, the third respondent has stated that on receipt of a complaint dated 18.12.2018 from one C.Madhava Rao and others residing at Baskara Street, Rangarajapuram, the Corporation Officials have inspected the site on 20.12.2018 and it was found that the construction activities were in progress at foundation level and few columns were positioned at the land in dispute and, therefore, the third respondent has issued a Stop Work Notice dated 20.12.2018 to the building owner and subsequently, further construction work was stopped by the owner.
That apart, the third respondent stated that the Greater Chennai Corporation has granted the building plan approval as per the existing law in force and there is no violation of law in sanctioning the planning permission. It is stated that when set back violations were observed with the ongoing construction at foundation level, the authorities have taken necessary action as per law and issued Stop Work Notice and halted further construction activity.
4. The learned counsel for the third respondent submitted that the third respondent would proceed further and act in accordance with law as against the alleged illegal construction put up by respondents 4 and 5.
5. In these circumstances, since the third respondent is taking action in respect of the alleged illegal construction put up respondents 4 and 5, we do not find any reason to further direct the authorities to take action.
The writ petition is disposed of accordingly. No costs. Consequently, W.M.P.No.4220 of 2019 is closed. sasi Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To 1 The Commissioner Corporatiion of Chennai Ripon Building Chennai - 600 003.
2 The Member Secretary Chennai Metropolitan Development Authority Gandhi Irwin Road, Egmore Chennai - 600 008.
3 The Executive Engineer Planning and Development Ward No.134 Zone 10 Corporation of Chennai Chennai-600 003.
+1cc to Mr.S.Thiruvengadam, Advocate, SR.No.63053 +2cc to M/s.Ramalingam & Associates, Advocates, SR.No.63046 +1cc to Mr.S.Mohan, Advocate, SR.No.62910 +1cc to Mr.C.Ravichandran, Advocate, SR.No.62751 W.P.No.3804 of 2019 Kak(03/09/2019)