Karunakara Pandian v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.03.2023 CORAM :

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI Karunakara Pandian ... Petitioner Vs.

1. The State of Tamilnadu, Rep. by the Principal Secretary, Department of Housing & Urban Development, Secretariat, Chennai 600 005.

2. The Member Secretary, The Chennai Metropolitan Development Authority, Thalamuthu Natarajan House No.01, Gandhi Irwin Rd,, Ansari Estate, Egmore, Chennai 600 008.

3. The Enforcement Officer, The Enforcement cell, CMDA, Thalamuthu Natarajan House No.01, Gandhi Irwin Road, Ansari Estate, Egmore, Chennai 600 008.

4. The Secretary, Madura Garden Flats Association, No.491/15, Poonamallee High Road, Maduravoyal, Chennai 600 095.

... Respondents

Prayer: Writ petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus directing the respondents 1 to 3 to take necessary actions and dispose the written representation dated 14.08.2020 seeking demolition of the unapproved construction, within a period, as fixed by this Court.

For petitioner : Mr.B.Vasanthan For Respondents : Mr.R.L.Karthika, Government Advocate for R1 Mr.R.Sivakumar, Standing Cunsel for R2 and Re

ORDER

(Order of this Court was delivered by D.KRISHNAKUMAR, J.) This writ petition has been filed seeking to issue a Writ of Mandamus directing the respondents 1 to 3 to take necessary actions and dispose the written representation dated 14.08.2020 seeking demolition of the unapproved construction, within a period, as fixed by this Court.

2. The case of the petitioner in brief:

The petitioner purchased a flat from one M/s Shri Krishna Builders, vide sale deed dated 31.05.2018 and he was a owner of 1125 sq.ft. flat

together with 622.912sqf.t. UDS and he enjoyed the flat since June 2018 till date. As per the approved plan, each and every flat of the Apartment has a separate vehicle parking, however, the builder has not handed over the vehicle parking to the petitioner, as promised. It came to know the petitioner that the spaces allotted to the public utility has been encroached by the builder and altered into private spaces like gym, office rooms, swimming pool, violating the approved plan. The petitioner made several representationS to the Association as well as the builder to hand over the vehicle parking, but it was never considered. Hence, the petitioner gave representations to the respondents to investigate and demolish the unapproved and unauthorised constructions and to restore the approved plan, as per Plan Approval No.29/2007 dated 12.03.2007. Last such representation is dated 14.08.2020 and though it was received by the respondents, no response from them. Hence the writ petition.

3. Mrs.R.L.Karthik, learned Government Advocate takes notice for the first respondent.

4. Mr.R.Sivakumar learned Standing Counsel takes notice for the second and third respondents and submitted that the representation of the petitioner dated 14.08.2020 would be considered and appropriate action would be taken, after providing opportunities to both the parties.

5. Considering the limited scope of prayer and also taking to account submission of the learned Standing counsel appearing for the respondents 2 and 3, without expressing any opinion on merits, we inclined to dispose the writ petition with the following direction.

i) The second respondent is directed to consider the representation of the petitioner dated 14.08.2020 and pass order on its own merits and in accordance with law, as early as possible, within a period of twelve weeks from the date of receipt of a copy of this court, after providing opportunities to both the parties.

6. With the above direction, this writ petition is disposed of . No costs.

(D.K.K.J.) (K.G.T.J.) 16.03.2023 Index : Yes/No Internet : Yes/No mst To

1. The Principal Secretary, State of Tamilnadu, Department of Housing & Urban Development, Secretariat, Chennai 600 005.

2. The Member Secretary, The Chennai Metropolitan Development Authority, Thalamuthu Natarajan House No.01, Gandhi Irwin Road, Ansari Estate, Egmore, Chennai 600 008.

3. The Enforcement Officer, The Enforcement cell, CMDA, Thalamuthu Natarajan House No.01, Gandhi Irwin Road, Ansari Estate, Egmore, Chennai 600 008.

D.KRISHNAKUMAR, J.

and K.GOVINDARAJAN THILAKAVADI, J.

mst 16.03.2023