Jayanthi Janardhanan v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE : 07.10.2021
CORAM
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE V.SIVAGNANAM W.P.No.3379 of 2021 Jayanthi Janardhanan ... Petitioner -vs1. The Commissioner Greater Chennai Corporation Ripon Building, Chennai - 600 003.
2. Zonal Officer, Zone-XI Greater Chennai Corporation Chennai - 600 087.
3. The Executive Engineer, Zone-XI Greater Chennai Corporation No.33, Arcot Road, Valasarawakkam Chennai - 600 087.
4. The Assistant Executive Engineer, Unit-32, Zone-XI Greater Chennai Corporation No.33, Arcot Road, Valasarawakkam Chennai - 600 087.
5. The Assistant Engineer Division-143 Greater Chennai Corporation Sriram Nagar Mogappair West Chennai - 600 037.
6. Jayaraman
7. Vasudevan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the official respondents 1 to 5 to take appropriate action as against the unauthorized constructions being put up by the 6th
and 7th respondents in accordance with the provisions of the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act., 35 of 1972 as amended by Act 61 of 2008), to demolish the unauthorized constructions being put up in violation of the original sanctioned plan at Plot No.115 & Plot No.117A, S&P Garden, 4th Cross Street, Nolambur, Chennai - 600 095. For petitioner :
Mr.Abishek Murthy for Mr.A.Ashwin Kumar For respondents :
Mr.K.Raja Srinivas, Standing Counsel for Corporation For RR1 to 5 Mr. Sharath Chandran For R6 Mr.B.Damodaran For R7
ORDER
(Order of the Court was made by K.KALYANASUNDARAM, J.,) The petitioner has come up with this writ petition, seeking direction to the respondents 1 to 5 to take action for the unauthorised construction put up by the respondents 6 and 7. 2.Mr.K.Raja Srinivas, learned Standing Counsel appearing for the respondents 1 to 5 would state that the respondents have already issued a letter to the private respondents, for production of approved plan and thereupon issued lock and seal notice and consequently issued de-occupation notice. According to the learned counsel, since the official respondents have already taken action based on the representation of the petitioner, the prayer sought for in this writ petition has become infructuous.
3.Mr.Abishek Murthy representing Mr.A.Ashwin Kumar, learned counsel for the petitioner would state that despite of the order of the official respondents, the private respondents have already completed construction of building and no effective steps have been taken to implement the orders of the official respondents.
4.Considering the fact that the official respondents have already initiated action, based on the representation of the
petitioner, we are of the considered opinion that the prayer sought for in this writ petition has become infructuous. 5.In that view, the writ petition stands dismissed as infructuous. No costs.
Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar Jer To
1. The Commissioner Greater Chennai Corporation Ripon Building, Chennai - 600 003.
2. Zonal Officer, Zone-XI Greater Chennai Corporation Chennai - 600 087.
3. The Executive Engineer, Zone-XI Greater Chennai Corporation No.33, Arcot Road, Valasarawakkam Chennai - 600 087.
4. The Assistant Executive Engineer, Unit-32, Zone-XI Greater Chennai Corporation No.33, Arcot Road, Valasarawakkam Chennai - 600 087.
5. The Assistant Engineer Division-143 Greater Chennai Corporation Sriram Nagar Mogappair West Chennai - 600 037.
W.P.No.3379 of 2021 KV(CO) SU(02/11/2021)