G.Santhanapathy v. The Grater Chennai Corporation
2025:MHC:971
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26-03-2025
CORAM
THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR AND WMP NO. 4840 OF 2025 1.G.Santhanapathy 2.S.Niranjan Petitioner(s) Vs
1. The Greater Chennai Corporation Rep. By Its Commissioner, Rippon Buildings, Chennai- 600 003.
2.The Executive Engineer Zone IX, No.1, Lake Area, 4th Cross Street, Nungambakkam, Chennai- 34 3.The Assistant Executive Engineer Zone IX, No.1, Lake Area, 4th Cross Street, Nungambakkam, Chennai- 34 4.The Junior Engineer Zone IX, No.1, Lake Area, 4th Cross
Street, Nungambakkam, Chennai- 34 5.Ganesh Rao 6.S.Sundaram, Respondent(s) PRAYER Directing the Respondents 1 to 4 herein to forthwith lock and seal and demolish the unauthorised structures comprised in Door No.137/ 2 and 3 , Royapettah High Road (Tiru Vi.Ka. Road), Mylapore, Chennai- 600 004 pursuant to De-occupation Notice issued vide Notice No.ZONE .IX DN-121 /TPENF/03/2022 dated 02.02.2024 or otherwise within a time frame to be fixed by this court.
For Petitioner(s):
Mr. Darshit B.Jain For Mr.Richardson Wilson For Respondent(s):
Mr. D.B.R. Prabhu SC For GCC For R1 To R4 Mr.V.Jai Hari Sudhan For Mr.A.Chellakumar For R5 and R6
ORDER
(Order of the Court was made by S.M.Subramaniam J.) The writ of mandamus has been instituted to direct the respondents 1 to 4 to immediately lock and seal, and demolish the unauthorised structures at Door
Nos.137/2 and 3, Royapettah High Road (Thiru.Vi.Ka. Road), Mylapore, Chennai - 600 004 pursuant to the de-occupation notice dated 02.02.2024.
2. The petitioners state that the unauthorised construction made by the respondents 5 and 6 posing danger to the neighbourhood and causing inconvenience. Despite complaints given to the authorities, there was no response. Thus, the writ petition came to be instituted. This Court directed the authorities to conduct a field inspection and survey and submit a report.
3. The Assistant Engineer, Zone-9, Greater Chennai Corporation conducted the inspection and submitted a report before this Court. The documents were verified and the authorities found that opportunities granted by the Greater Chennai Corporation to rectify the deviation have not been carried out by the respondents 5 and 6. Since the respondents 5 and 6 have not rectified the deviations, the authorities have locked and sealed the premises on 13.03.2025.
4. Several opportunities were granted by the Corporation to the respondents 5 and 6 to rectify the deviation and reconstruct the building as per the original planning permission.
5. With the above, the Corporation authorities are directed to proceed further and demolish the unauthorised construction and recover the costs from the respondents 5 and 6 by following the procedures as contemplated. The said exercise is directed to completed within a period of 12 weeks from the date of receipt of a copy of this order.
6. With the above directions, the Writ Petition stands allowed. Consequently, the connected Miscellaneous Petition is closed. No costs. (S.M.SUBRAMANIAM J.)(K.RAJASEKAR J.) 26-03-2025 (1/2) Jeni Index:Yes/No Speaking/Non-speaking order Internet:Yes
To 1.The Greater Chennai Corporation Rep By Its Commissioner, Rippon Buildings, Chennai- 600 003.
2.The Executive Engineer Zone Ix, No.1, Lake Area, 4th Cross Street, Nungambakkam, Chennai- 34 3.The Assistant Executive Engineer Zone Ix, No.1, Lake Area, 4th Cross Street, Nungambakkam, Chennai- 34 4.The Junior Engineer Zone Ix, No.1, Lake Area, 4th Cross Street, Nungambakkam, Chennai- 34 5.Ganesh Rao Door No.5 (old Door No.3a), Jaganathapuram, 3rd Main Road, Velachery, Chennai -42.
6.S.Sundaram, No.25, Shiyali Street, Pudupet, Chennai- 02.
S.M.SUBRAMANIAM J.
AND K.RAJASEKAR J.
Jeni 26-03-2025 (1/2)