B.Nachiyar, v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.04.2017

CORAM

THE HON'BLE MS. INDIRA BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.SUNDAR W.P.No.10517 of 2017 and W.M.P.No.11426 of 2017 B.Nachiyar .. Petitioner Vs.

1 The Commissioner, Greater Chennai Corporation, Chennai - 600 003.

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

3 N.Muralikrishna .. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the respondents 1 and 2 to take appropriate action against the illegal construction being carried out by the third respondent in the property bearing Old No.13, New No.33, Sarojini Street, T.Nagar, Chennai-600 017 in accordance with law and demolish the illegal and unauthorised constructions made therein by the third respondent. For Petitioner : Mr.P.Mohanraj For Respondents 1&2 : Mr.V.C.Selvasekaran

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) This writ petition has been filed by the petitioner seeking a writ of mandamus directing respondents 1 and 2 to take appropriate action against the illegal construction carried out by the third respondent in the property bearing Old No.13, New No.33, Sarojini Street, T.Nagar, Chennai-600 017 in accordance with law and demolish the unauthorised constructions made therein.

2. Mr.V.C.Selvasekaran, learned counsel accepts notice for respondent Nos.1 and 2.

3. Respondent No.3 is a private respondent, who is alleged to have put up the unauthorized construction at Old No.13, New No.33, Sarojini Street, T.Nagar, Chennai - 600 017.

4. Respondent No.2 shall cause an inspection of the premises i.e., Old No.13, New No.33, Sarojini Street, T.Nagar, Chennai - 600 017 within a fortnight from the date of receipt of copy of this order and if the construction of third respondent is found to be in violation of the sanctioned plan or if it is unauthorized in any other manner, the official respondents 1 and 2 shall take action in accordance with law, after giving notice to all concerned, particularly the third respondent before us, and conclude the proceedings within a period of two months thereafter.

5. The writ petition, accordingly, stands disposed of. No costs. Consequently, W.M.P.No.11426 of 2017 is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar bbr

To:

1 The Commissioner, Greater Chennai Corporation, Chennai - 600 003.

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

W.P.No.10517 of 2017 PA(CO) RS(11/05/2017)