Veda Padmapriya v. The Corporation Of Chennai
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Date: 05.02.2021
CORAM
THE HON'BLE MR. JUSTICE B.PUGALENDHI Writ Petition No.2006 of 2021 & W.M.P.No.2267 of 2021 Veda Padmapriya
...Petitioner
Vs.
1.The Corporation of Chennai, Rep by its Commissioner, Ripon Building, Park Town, Chennai - 600 003.
2.Zonal Officer X, Corporation of Chennai, Arcot Road, Chennai - 600 026.
3.Natha Murali Krishna, No.262, 8th Avenue, Sea Shore Tower, E.C.Road, Panaiyur, Chennai.
4.Syed Ibrahim
...Respondents
Writ Petition filed under Article 226 of Constitution of India, for issuance of writ of mandamus forbearing the respondents 1 & 2 herein from in any way permitting/sanctioning any demolition and reconstruction permission pertaining to House, ground and premises bearing Door No.30, Sarojini Street, T.Nagar, Chennai - 17, admeasuring Two grounds Six Hundred Sixty Three Sq.Ft. in Block No.135, comprised in T.S.No.6058 so as to enable the respondents 3 & 4 herein to circumvent the orders passed by this Court in civil litigations.
For Petitioner : Mr.M.Balasubramanian For Respondents : Ms.P.T.Ramadevi, SC (for R.1 & R.2) RR3 & 4 : No Appearance
ORDER
The petitioner is the life estate holder of the property admeasuring about 2 grounds and 663 sq.ft. in Block No.135, T.S.No.6058.
2.The case of the petitioner is that there is a litigation between the third respondent, the executor of the Will and the petitioner and the petitioner had also obtained interim orders of injunction in S.A.No.60 of 2019, however, in order to circumvent the orders of the Civil Court, the third respondent had sublet the property to the 4th respondent and third and fourth respondents are attempting to demolish the property with the help of the second respondent Corporation and therefore, the petitioner has approached this Court by way of the present writ petition to forbear the demolition activity.
3.Ms.Ramadevi, learned counsel for the Corporation takes notice and submits that there is no such proposal from the Corporation and neither the third respondent nor the fourth respondent has approached the Corporation for the same. 4.When this matter is taken up for hearing, Ms.Ramadevi, learned Standing counsel for the Corporation has produced the Stop Work Notice dated 04.02.2021 stating that this proposed construction is in deviation of the plan and therefore a Stop Work Notice has already been issued as per Section 56(1) and 57 r/w 85 of Tamil Nadu Town and Country Planning Act. 5.In view of the further development pursuant to the Stop Work Notice being issued by the respondent / Corporation, Mr.M.Balasubramaniam, learned counsel for the petitioner would submit that nothing survives in this Writ Petition and the same can be closed.
6.Therefore, this Writ Petition stands closed as no further orders are required. No costs. Consequently, the connected miscellaneous petitions stands closed.
Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar
mrm To 1.The Commissioner, Corporation of Chennai, Ripon Building, Park Town, Chennai - 600 003.
2.Zonal Officer X, Corporation of Chennai, Arcot Road, Chennai - 600 026.
+1cc to Mr.M.Balasubramanian, Advocate sr.6728 +1cc to Ms.P.T.Ramadevi, Advocate Sr.6517 W.P.No.2006 of 2021 ajs[co] srg 09/03/2021