Mr.M.Sekaran v. The Commissione Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.03.2016
CORAM:
THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE M. VENUGOPAL W.P. No.11715 of 2016 M. Sekaran Petitioner vs.
The Commissioner of Corporation Chennai Corporation Ripon Building Chennai 600 003 The District Collector District Collector Office Singara Velar Maligai Chennai 600 001 The Member Secretary C.M.D.A.
Egmore, Chennai 600 008 The Assistant Commissioner Zone-13, Chennai Corporation Adyar, Chennai 600 020 The District Revenue Officer Zone-13, Chennai Corporation Adyar, Chennai 600 020 The Tahsildar Tahsildar Office Velachery Taluk Chennai 600 042 The Executive Engineer Velachery Corporation Office The Assistant Engineer Velachery Corporation Office The Commissioner of Police Office of the Commissioner of Police Vepery, Chennai 600 007
The Inspector of Police J-7 Police Station Soma. Gurumurthi Mani Nandha Kumar Ramadoss The Chairman Chennai Metropolitan Water Supply and Sewage Board No.1, Pumping Station Road Chindadripet, Chennai 600 002 Respondents Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the respondents 1 to 8 and 15 to conduct proper enquiry on the petitioner's representation dated 17.02.2016 and take necessary action against the respondents 11 to 14 for illegal sewage connection and violation and deviation in planning and construction permission in this writ petition. For petitioner Mr. P. Murali For RR 2,6,9 & 10 Mrs. A. Srijayanthi, Spl. Govt. Pleader For RR 1,4,5,7 & 8 Mr. A. Nagarajan, Standing Counsel For R3 Mr. N. Sampath, Standing Counsel
ORDER
(delivered by SATISH K. AGNIHOTRI, J.) Mrs. A. Srijayanthi, learned Special Government Pleader, accepts notice for respondents 2,6,9 and 10. Mr. A. Nagarajan, learned Standing Counsel, accepts notice for respondents 1,4,5,7 and 8. Mr. N. Sampath, learned Standing Counsel, accepts notice for the third respondent. Notice to the other respondents is dispensed with at this stage, inasmuch no order prejudicial to their interest is passed in this writ petition. Thus, with the consent of the learned counsel for the petitioner and the learned counsel, as aforestated, this writ petition is taken up for final disposal, at the admission stage itself. This writ petition is filed seeking a writ of mandamus directing the respondents 1 to 8 and 15 to conduct proper enquiry on the petitioner's representation dated 17 February 2016 and take necessary action against the respondents 11 to 14 for illegal sewage connection and violation and deviation in planning and construction permission.
Seemingly, taking note of the various representations made by the petitioner, wherein, he had alleged that construction is being carried out by respondents 11 to 14 at
Door No.11, Venkateswara Nagar, III Main Road, II Cross Street, Velachery, Chennai - 42, sans proper approval and that they have also drawn sewage connection illegally, the Greater Chennai Corporation had issued a notice calling for approved plan under Sections 56(1) and 57 read with Section 85 of the Tamil Nadu Town and Country Planning Act, 1971, to respondents 11 to 14, on 01 March 2016. Under the said notice, the alleged violator was given one month time to secure the building in compliance with the permission granted.
Thus, at this stage, we are not inclined to make any observation on the petitioner's allegation/complaint. However, we direct the authorities concerned to complete the follow up action on its own merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.
The writ petition stands disposed of with the above observation and direction. Costs made easy.
Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar cad To The Commissioner of Corporation Chennai Corporation Ripon Building, Chennai 600 003 The District Collector District Collector Office Singara Velar Maligai, Chennai 600 001 The Member Secretary C.M.D.A., Egmore, Chennai 600 008 The Assistant Commissioner Zone-13, Chennai Corporation Adyar, Chennai 600 020 The District Revenue Officer Zone-13, Chennai Corporation Adyar, Chennai 600 020 The Tahsildar Tahsildar Office Velachery Taluk, Chennai 600 042
The Executive Engineer Velachery Corporation Office The Assistant Engineer Velachery Corporation Office The Commissioner of Police Office of the Commissioner of Police Vepery, Chennai 600 007 The Inspector of Police J-7 Police Station The Chairman Chennai Metropolitan Water Supply and Sewage Board No.1, Pumping Station Road Chindadripet Chennai 600 002 1 cc to Mr.P. Murali, Advocate, Sr. 20241 1 cc to Mr.A. Nagarajan, Advocate, Sr. 19922 1 cc to M/s.N. Sampath, Advocate, Sr. 19806 W.P. No.11715 of 2016 SAI (CO) kk 22/4