Tmt.N.Bhuvaneswari, v. The Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.04.2016
CORAM:
THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE V. BHARATHIDASAN W.P.No. 13997 of 2016 ....
Tmt. N. Bhuvaneswari ... Petitioner Vs 1 The Commissioner Corporation of Chennai, Ripon Building, Chennai.
2 The Regional Deputy Commissioner, Corporation of Chennai, Zone Central VI to X, No.12B Pulla Avenue, Thiru-Vi-Ka Park, Shenoy Nagar Chennai-600 030. 3 The Member Secretary , Chennai Metropolitan Development Authority, No.1 Gandhi Irwin Road, Chennai-600 008.
4 Thiru.Viswanathan ... Respondents Writ petition filed under Article 226 of the Constitution seeking for the issuance of a writ of mandamus directing the respondents 1 and 2 to remove the unauthorized construction made by the 4th respondent in Plot No.299 Door No.36-A Ashok Nagar, Arumbakkam Chennai-600 106 in terms of the directions of the 3rd respondent dated 28.07.2015 and made in Letter No. EC/C1/11392/ 2015. For Petitioner : Mr. G. Ravi Sankar For Respondents : Mr. R. Arunmozhi - R1 & R2 Mr. C. Johnson - R3 - - - - -
ORDER
(Order of the Court was delivered by SATISH K. AGNIHOTRI,J.,) Heard Mr. G. Ravishankar, learned counsel for the petitioner and Mr. R. Arunmozhi, learned counsel for respondents 1 and 2 as well as the learned counsel for the third respondent. Notice to the fourth respondent is dispensed with at this stage, inasmuch as no adverse order is passed against him in this writ petition. Thus, with the consent of the learned counsel for the petitioner and the learned counsel appearing for the official respondents, the writ petition is taken up for final disposal.
2. The instant writ petition is filed seeking a direction to the respondents 1 and 2 to remove the unauthorized construction made by the 4th respondent in Plot No.299, Door No.36-A, Ashok Nagar, Arumbakkam, Chennai-600 106 in terms of the directions of the 3rd respondent dated 28.07.2015 and made in Letter No. EC/C-1/11392/ 2015.
3. In response, the second respondent, has filed a report stating that notice under Sections 56 and 57 read with Section 85 of the Tamil Nadu Town and Country Plaining Act, 1971 has been issued to the fourth respondent calling upon him to produce the sanctioned plan for the construction put up by him and on receipt of his reply, consequential action will be taken in accordance with law.
4. In view of the aforestated action initiated by the authorities, no further adjudication is required at this stage. 5.
Accordingly, this writ petition is disposed of with a direction to the official respondents to take consequential action thereafter on merits and in accordance with law, within a period of six weeks. No costs.
-s/d- Assistant Registrar True Copy Sub-Assistant Registrar ra
To 1 The Commissioner Corporation of Chennai, Ripon Building, Chennai.
2 The Regional Deputy Commissioner, Corporation of Chennai, Zone Central VI to X, No.12B Pulla Avenue, Thiru-Vi-Ka Park, Shenoy Nagar Chennai-600 030. 3 The Member Secretary , Chennai Metropolitan Development Authority, No.1 Gandhi Irwin Road, Chennai-600 008.
+1 cc to Mr.G.Ravishankar Advocate sr.27001 +1 cc to Mr.R.Arunmozhi Advocate sr.26897 +1 cc to Mr.C.Johnson Advocate sr.27053 +1 cc to Mr.Jayakumar Advocate sr.26959 W.P. No.13997 of 2016 ks(co) aa19/05/2016