S.M. Lakshmanan v. The Member Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.07.2019
CORAM
THE HON'BLE MRS.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.36910 of 2007 1 S.M. LAKSHMANAN 2 T. RAGHAVA .. Petitioners Vs 1 THE MEMBER SECRETARY CHENNAI METROPOLITAN DEVELOPMENT AUTHORITY GANDHI IRWIN ROD CHENNAI - 600 008.
2 THE COMMISSIONER CORPORATION OF CHENNAI CHENNAI - 600 003.
3 THE ASSISTANT ENGINEER 75th DIVISON, CORPORATIN OFFIE KANNAGI STREET, ASOKA NAGAR ARUMBAKKAM, CHENANI - 106.
4 THE TAHSILDAR EGMORE-NUNGAMBAKKAM TALUK OFFICE CHENNAI - 31.
5 THE DISTRICT COLLECTOR CHENNAI.
6 THE INSPECTOR OF POLICE F-5, POLICE STATION CHOOLAIMEDU CHENNAI -94 7 G. RAJAGOPAL PARTNER OF GURULAKSHMI HOMES NO.21, D2, VANNIAR 2ND STREET CHOOLAIMEDU, CHENNAI -94.
.. Respondents
PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 1 and 2 to verify the plan submitted by the 7th respondent to construct three storied building and 4 flats (Ground and first floor) constructed at Nos.1 and 1A, Gurulakshmi Homes and Gurulakshmi Kudil, Vallalar 2nd Cross Street, Padmanabha Nagar, Choolaimedu, Chennai - 94, demolish the illegal construction thereon. (Prayer amended vide court order dated 21.12.2018 made in WMP.No.39056 of 2018) For Petitioners : Mr.P.Srinivasan For Respondents : Mr.P.S.Ganesh for 1st respondent Mr.V.C.Selvasekaran for respondents 2 and 3 Mr.S.Kamalesh Kannan Government Advocate for respondents 4 to 6 No appearance for 7th respondent
ORDER
(Order of the Court was made by M.DURAISWAMY,J.) The above writ petition has been filed by the petitioners to issue a writ of mandamus directing respondents 1 and 2 to verify the plan submitted by the seventh respondent to construct three-storied building and four flats (Ground and first floor) at Nos.1 and 1A, Gurulakshmi Homes and Gurulakshmi Kudil, Vallalar 2nd Cross Street, Padmanabha Nagar, Choolaimedu, Chennai - 94, and to demolish the illegal construction put up by the seventh respondent.
2. It is the case of the petitioners that the seventh respondent had put up construction violating the planning permission granted to him and, therefore, the official respondents should take appropriate action for removing the unauthorized construction.
3. Mr.V.C.Selvasekaran, learned counsel appearing for respondents 2 and 3 submitted that the said respondents would initiate action in respect of the unauthorized construction put up by the seventh respondent in accordance with the provisions of the Tamil Nadu Town and Country Planning Act, 1971. Further,
the learned counsel submitted that the said exercise would be completed within a period of three months from the date of receipt of a copy of this order.
4. In view of the statement made by the learned counsel for respondents 2 and 3, we do not find any reason to give further direction to the official respondents for taking action. Recording the submission made by the learned counsel for respondents 2 and 3, the writ petition is disposed of. No costs. Consequently, M.P.No.1 of 2007 is closed. Sd/- Assistant Registrar(CS-VIII) //True copy// Sub Assistant Registrar sasi To:
1 THE MEMBER SECRETARY CHENNAI METROPOLITAN DEVELOPMENT AUTHORITY GANDHI IRWIN ROD CHENNAI - 600 008.
2 THE COMMISSIONER CORPORATION OF CHENNAI CHENNAI - 600 003.
3 THE ASSISTANT ENGINEER 75th DIVISON, CORPORATIN OFFIE KANNAGI STREET, ASOKA NAGAR ARUMBAKKAM, CHENANI - 106.
4 THE TAHSILDAR EGMORE-NUNGAMBAKKAM TALUK OFFICE CHENNAI - 31.
5 THE DISTRICT COLLECTOR CHENNAI.
6 THE INSPECTOR OF POLICE F-5, POLICE STATION CHOOLAIMEDU, CHENNAI -94
+1cc to Mr.P.Srinivasan, Advocate SR.No.64285 +1cc to Government Pleader SR.No.65024 W.P.No.36910 of 2007 VG I(CO) GMY(19/08/2019)