Maruthi Builders, v. The Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.04.2015
CORAM
THE HON'BLE Mr. JUSTICE SATISH K.AGNIHOTRI and THE HON'BLE Mr. JUSTICE M.VENUGOPAL W.P.No.11000 of 2015 and M.P.Nos.1 and 2 of 2015 Maruthi Builders rep. By its Proprietor Pyarelal Jain ..
Petitioner Vs.
1.The Commissioner, Corporation of Chennai, Chennai - 3.
2.The Regional Deputy Commissioner (Central), Corporation of Chennai, Zone 8, Chennai - 30.
3.The Member Secretary, CMDA, Thalamuthu Natarajan Building, Egmore, Chennai - 8.
4.The State of Tamil Nadu rep. By Secretary to Government, Housing and Urban Development Department, Fort St. George, Chennai - 9.
5.The Executive Engineer, Enforcement - Regional Central Corporation of Madras, 2nd Cross Street (East), Pulla Avenue, Shenoy Nagar, Chennai - 30.
..
Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of certiorarified mandamus to call for the records of the fifth respondent in connection with the impugned order issued by him in Notice No.Regioncentral/TPENF/0116/2015 dated
20.03.2015 and quash the same and direct the respondents to keep the locking, sealing and demolition of the demised premises comprised in Old No.132-134, New No.151, 153 & 155 of E.V.R. Periyar Salai (Poonamallee High Road), Kilpauk, Chennai - 10 in RS No.454/7, 454/8, 457, 458/1, 458/2 Block No.27, Periamedu Village, Division 72, Zone V, measuring about 5.03 grounds and buildings therein in abeyance pending disposal of the revised planning permission submitted to the third respondent by the petitioner dated 05.02.2015 for conversion of the demised premises from residential into commercial establishment. For Petitioner ..
Mr.K.Venkatramani, Sr. Counsel for Mr.M.Muthappan For Respondents ..
Mr.G.Anantharangan for R1, R2 and R5 Mr.K.Raja Srinivas for R3 Mr.P.S.Sivashanmugasundaram, Spl. Govt. Pleader for R4
ORDER
(Order of the Court was made by SATISH K.AGNIHOTRI, J.) The petitioner has come up with the writ petition seeking to quash the notice of the fifth respondent dated 20.03.2015 and for a direction to the respondents to keep the locking, sealing and demolition of the demised premises comprised in Old No.132-134, New No.151, 153 & 155 of E.V.R. Periyar Salai (Poonamallee High Road), Kilpauk, Chennai - 10 in RS No.454/7, 454/8, 457, 458/1, 458/2 Block No.27, Periamedu Village, Division 72, Zone V, measuring about 5.03 grounds and buildings therein in abeyance pending disposal of the revised planning permission submitted to the third respondent by the petitioner dated 05.02.2015 for conversion of the demised premises from residential into commercial establishment. 2.
It is submitted by the learned senior counsel appearing for the petitioner that in view of the proceedings of the fourth respondent/Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai - 9 in Letter No.5826/UD-VI(1)/ 2015-4 dated 17.04.2015, whereunder it was directed that the Corporation of Chennai shall not pursue any action on its lock and seal notice till disposal of building plan regularisation application of the petitioner, nothing survives for adjudication at this stage.
3.In view of the above, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mmi To 1.The Commissioner, Corporation of Chennai, Chennai - 3.
2.The Regional Deputy Commissioner (Central), Corporation of Chennai, Zone 8, Chennai - 30.
3.The Member Secretary, CMDA, Thalamuthu Natarajan Building, Egmore, Chennai - 8.
4.The Secretary to Government, Housing and Urban Development Department, Fort St. George, Chennai - 9.
5.The Executive Engineer, Enforcement - Regional Central Corporation of Madras, 2nd Cross Street (East), Pulla Avenue, Shenoy Nagar, Chennai - 30.
+ 1 cc to Mr.K.Raja Srinivas, Advocate Sr.22476 + 1 cc to Mr.M.Muthappan, Advocate Sr.22229 + 1 cc to Mr.G.Anantharangan, Advocate Sr.22843 W.P.No.11000 of 2015 KSJ(CO) Eu 30.04.2015