Mr.Anand Babu v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.07.2016

CORAM

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P.No.1153 of 2014 and M.P.No.1 of 2014 Anand Babu .. Petitioner -vs1.The Commissioner, Corporation of Chennai, Ribbon Building, Chennai-600 003.

2.The Assistant Engineer, Corporation of Chennai, Zone - V, Division - 54, No.61, Basin Bridge Road, Chennai-600 021.

3.The Junior Engineer, Corporation of Chennai, Zone - V, Division - 54, Old No.337, New No.40, Wall Tax Road, Chennai-600 079.

4.Veerchand P.Jain .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondents 1 to 3 to lock and seal and demolish the building of the fourth respondent by their notice dated 16.3.2013.

For Petitioner : No Appearance For Respondents : Mr.V.C.Selvasekaran for R1 to R3 Mr.R.Priya Kumar for R4 * * * * *

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) The grievance of the petitioner is that private respondent No.4 has carried out an unauthorised construction. Stop work notice has been issued in the year 2011, but to no avail.

2. The learned counsel appearing for respondent No.4 states that the construction was complete before the stop work notice. He, however, cannot dispute the violation of the sanctioned plan.

3. Having heard the learned counsel for parties, we call upon respondent No.2 to cause an inspection to be made of the building of respondent No.4 and if any violation exists, proceed in accordance with law in respect of the said violation, after notice to all concerned. In case requisite notice already been issued, but not acted upon as alleged, it will be open to the respondent authorities to act in pursuance to the notice already issued. This exercise be undertaken within a maximum period of three months of the receipt of this order.

4. The writ petition is accordingly closed. No costs. Consequently, M.P.No.1 of 2014 is also closed. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar

To 1.The Commissioner, Corporation of Chennai, Ribbon Building, Chennai-600 003.

2.The Assistant Engineer, Corporation of Chennai, Zone - V, Division - 54, No.61, Basin Bridge Road, Chennai-600 021.

3.The Junior Engineer, Corporation of Chennai, Zone - V, Division - 54, Old No.337, New No.40, Wall Tax Road, Chennai-600 079.

+1 cc to mr.S.Arivazhagan Advocate vide sr.38110 +2 ccs to Ms.R.Priya Kumar Advocate vide sr.37818 W.P.No.1153 of 2014 aa23/07/2016