P.K.Ameer v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM AND THE HONOURABLE MR.JUSTICE V.SIVAGNANAM W.P.No.730 of 2022 P.K.Ameer ...Petitioner Vs.

1. The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai - 600001.

2. The Executive Engineer, Zone -VIII, The Greater Chennai Corporation, Adyar,Chennai - 600030.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the second respondent to de-seal the Lock & Sealed petitioner's property situated at New No.18, 2nd main road, Nehru Nagar, Adyar, Chennai - 600 020, so as to enable the petitioner to rectify & restore the subject property in consonance with the Development Regulations and to submit a revised plan on the basis of the petitioner's representation dated 21.08.2018. For petitioner : Mr.C.Rajesh For respondents : Mr.K.Raja Shrinivas Senior Standing Counsel

ORDER

(The Order of the Court was made by K.KALYANASUNDARAM,J) Mr.K.Raja Shrinivas, learned Senior Standing Counsel takes notice for the respondents. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

2.The petitioner seeks for issuance of a Writ of Mandamus directing the second respondent to de-seal the Lock & Sealed his property situated at New No.18, 2nd main road, Nehru Nagar, Adyar, Chennai - 600 020, so as to enable him to rectify and https://hcservices.ecourts.gov.in/hcservices/

restore the subject property in consonance with the Development Regulations and to submit a revised plan on the basis of his representation, dated 21.08.2018.

3.Mr.Raja Shrinivas, learned Senior Standing Counsel appearing for the respondents submitted that if the petitioner brings the deviation within the plan approved, then this Court can consider granting sufficient time.

4.Mr.C.Rajesh, learned counsel appearing for the petitioner seeks three months time for doing so.

5.Considering the above, the second respondent is directed to remove the lock and seal affixed on the petitioner's property within a period of two weeks from the date of receipt of a copy of this order so as to enable the petitioner to remove that part of the construction, which is not in conformity with the approved plan. The petitioner would be given a period of twelve weeks from the date of de-sealing to undertake the said exercise. Needless to state that if the petitioner do not carry out the directions as stated above, the respondents shall seal the premises in question once again.

6.With the above directions, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar skn To

1. The Commissioner, Greater Chennai Corporation, Ripon Building,Chennai - 600001.

2. The Executive Engineer, Zone -VIII, The Greater Chennai Corporation, Adyar, Chennai - 600030.

+1cc to Mr.G.Rajesh, Advocate, S.R.No.3933 W.P.No.730 of 2022 PCH(CO) RGA(09/02/2022) https://hcservices.ecourts.gov.in/hcservices/