S.Charles, v. Pallavaram Municipality,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.07.2023

CORAM

THE HON'BLE MRS. JUSTICE J.NISHA BANU AND THE HON'BLE MRS. JUSTICE N.MALA and W.M.P.No.5433 of 2018 S.Charles ... Petitioner Vs.

1. Pallavaram Municipality, represented by its Commissioner, Chrompet, Chennai - 600 044.

2. Dinesh Kumar

3. The Member Secretary, Chennai Metropolitan Development Authority, No.1, Thalamuthu Natarajan Maaligai, Gandhi Irwin Road, Egmore, Chennai - 600 008.

(R3 suo motu impleaded vide order dated 27.03.2023 made in WP.4431/2018 by VMVJ & VLNJ) ... Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the 1st respondent to initiate Page 1/4

appropriate action to lock and seal the 2nd floor of the 2nd respondent's building constructed unauthorizedly and illegally at Door No.89/22, Survey No.63 and 64, Pammal Main Road, Pallavaram Village, Alandur Taluk, Kancheepuram District under section 56 of the Town and Country Planning Act.

For Petitioner : Mr.S.Ganesh for G.Vijayanand Associates For Respondents : Mr.P.Srinivas, Standing Counsel for R1 Mr.T.S.Rajamohan for R2 Mr.C.N.Vinobha Standing Counsel for CMDA for R3

O R D E R

The above writ petition has been filed for a Mandamus to direct the 1st respondent to initiate appropriate action to lock and seal the 2nd floor of the 2nd respondent's building constructed unauthorizedly and illegally at Door No.89/22, Survey No.63 and 64, Pammal Main Road, Pallavaram Village, Alandur Taluk, Kancheepuram District under section 56 of the Town and Country Planning Act.

2. According to the petitioner the building was constructed in total violation and therefore, representations were given to the authorities.

3. Today, when the matter is taken up, the learned counsel appearing for the 2nd respondent would state that the building is not in Page 2/4

use and it is full of shrubs and the 2nd respondent is going to demolish the entire building and reconstruct the same, after getting appropriate planning permission from the concerned authorities.

4. Recording the above submission made by the learned counsel for the 2nd respondent, the Writ Petition is closed. No costs. Consequently, connected miscellaneous petition is closed. (J.N.B,J.) (N.M., J.) Index : Yes / No 11.07.2023 Speaking/Non speaking order vsi To

1. Pallavaram Municipality, represented by tis Commissioner, Chrompet, Chennai - 600 044.

2. The Member Secretary, Chennai Metropolitan Development Authority, No.1, Thalamuthu Natarajan Maaligai, Gandhi Irwin Road, Egmore, Chennai - 600 008.

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J. NISHA BANU, J.

and N.MALA,J.

vsi 11.07.2023 Page 4/4