J.Ganesan v. The Thasildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.08.2019

CORAM

THE HON'BLE MRS.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.4152 of 2019 J.Ganesan .. Petitioner Vs 1 The Thasildar Egmore-Nungambakkam Taluk Chennai - 600 031.

2 The Zonal Officer Zone-X, Corporation of Greater Chennai No.64, NSK Salai Kodambakkam Chennai - 600 024.

3 G.N.Raj 4 G.N.Durai 5 The Executive Officer Arulmighu Baradwajeeswarar Temple Kodambakkam, having office at Arulmighu Vadapalani Andavar Temple Vadapalani, Chennai-026.

.. Respondents (Respondents 4 and 5 impleaded vide order dated 22.4.2019 made in WMP.No.9911/2019) PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the second respondent to pass orders on the representation/complaint by the petitioner dated 30.10.2018 against the illegal construction put up by the 3rd Respondent at Door No.14, Sivan Koil Cross Street, Kodambakkam, Chennai - 600024.

For Petitioner : Mr.S.Baskaran For Respondents : Mr.S.Kamalesh Kannan Government Advocate for 1st respondent Mr.V.C.Selvasekaran for 2nd respondent Mr.V.Manisekaran for respondents 3 and 4 No appearance for 5th respondent

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Heard Mr.S.Baskaran, learned counsel for the petitioner; Mr.S.Kamalesh Kannan, learned counsel for the first respondent; Mr.V.C.Selvasekaran, learned counsel for the second respondent and Mr.V.Manisekaran, learned counsel for respondents 3 and 4.

2. The petitioner is seeking directions to the second respondent, i.e., the Zonal Officer, Zone-X, Corporation of Greater Chennai, to pass orders on the representation/complaint made by petitioner on 30.10.2018 against the illegal construction put up by the third respondent at Door No.14, Sivan Koil Cross Street, Kodambakkam, Chennai - 600024.

3. The learned counsel for the Corporation stated that the site in question was inspected on 1.3.2019 in the presence of the officials of the Greater Chennai Corporation, the daughter of the petitioner as well as the third respondent. After survey, it was ascertained that there was unauthorized construction on the said site. Hence, the Corporation has taken action by issuing a notice dated 18.3.2019 to the third respondent calling for approved plan under Sections 56 and 57 read with Section 85 of the Tamil Nadu Town and Country Planning Act, 1971. The learned counsel for the Corporation stated that thereafter they have issued a Locking and Sealing and Demolition notice dated 10.6.2019 to the third respondent.

4. Thus, it is seen that the Corporation is taking action in relation to the unauthorized construction.

In view of the above, no further orders are necessary at this stage. The writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS-IV) //True copy// Sub Assistant Registrar sasi To:

1 The Thasildar Egmore-Nungambakkam Taluk Chennai - 600 031.

2 The Zonal Officer Zone-X, Corporation of Greater Chennai No.64, NSK Salai Kodambakkam Chennai - 600 024.

3 The Executive Officer Arulmighu Baradwajeeswarar Temple Kodambakkam, having office at Arulmighu Vadapalani Andavar Temple Vadapalani, Chennai-026.

+1cc to Mr.S.Baskaran, Advocate SR.No.70638 +1cc to Government Pleader SR.No.70865 W.P.No.4152 of 2019 VGI(CO) GMY(09/09/2019)