Mr.Prkash Chand Bohra, v. State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.08.2019

CORAM

THE HON'BLE MRS.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.4768 of 2018 1 Prakash Chand Bohra 2 Pushpa Devi Bohra .. Petitioners Vs 1 The State of Tamil Nadu rep. by its Secretary to Government Housing and Urban Development Department Secretariat Chennai - 600 009.

2 Corporation of Chennai Rippon Buildings Chennai-600 003 rep. by its Commissioner 3 Chief Metropolitan Development Authority rep. by its Member Secretary Thalamuthu Natarajan Buildings Egmore, Chennai - 600 008.

4 Greater Chennai Corporation Zonal Office-VIII, 2nd Cross Street (East) Pulla Avenue, Shenoy Nagar Chennai - 600 030 rep. by its Executive Engineer 5 V.Jaganathan 6 V.Yamuna 7 V.Murali 8 TANGEDCO Rep. by Assistant Executive Engineer Chetpet Chennai - 600 031.

9 Chennai Metropolitan Water Supply & Sewerage Board rep. by its Managing Director Pumping Station Road Chindatripet Chennai - 600 002.

.. Respondents PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the 4th respondent to demolish the unauthorized constructions put up by respondents 5 to 7 in violation of the planning permission accorded to it by respondents 2 and 3 and in violation of the Stop Work-cum-Lock and Seal Notice issued by the 4th respondent dated 10.07.2017.

For Petitioners : Mr.Aashish Jain Lunia for M/s.Surana and Surana For Respondents : Mr.S.N.Parthasarathi Government Advocate for 1st respondent Mr.Soundararajan for respondents 2 and 4 Mr.P.S.Ganesh for 3rd respondent Ms.C.Sangamithirai for 7th respondent Mr.S.K.Raameshuwar for 8th respondent Mr.K.K.Ramesh for 9th respondent 5th respondent (Name printed in list) No appearance Tapal returned reg 6th respondent

ORDER

(Order of the Court was made by the Hob'ble Chief Justice) Heard Mr.Aashish Jain Lunia, learned counsel for the petitioners; Mr.S.N.Parthasarathi, learned Government Advocate for the first respondent; Mr.Soundararajan, learned counsel for respondents 2 and 4; Mr.P.S.Ganesh, learned counsel for the

third respondent; Ms.C.Sangamithirai, learned counsel for the seventh respondent; Mr.S.K.Raameshuwar, learned counsel for the eighth respondent and Mr.K.K.Ramesh, learned counsel for the ninth respondent.

2. According to the petitioners, respondents 5 to 7 have put up construction in violation of the planning permission accorded to them by respondents 2 and 3. Hence, the petitioners are seeking directions to the fourth respondent to demolish the said unauthorized construction put up by respondents 5 to 7.

3. The learned counsel for respondents 2 and 4, i.e., the Chennai Corporation, has filed a status report, wherein it is stated that a notice calling for approved plan was issued to respondents 5 to 7 on 10.6.2017 and thereupon, respondents 5 to 7 submitted the approved plan. Thereafter, the properties were inspected on 7.7.2017 and it was found that there were set-back violations. Therefore, Locking and Sealing notices were issued on 10.7.2017. Thereafter, as respondents 5 to 7 did not comply with the notices and had not carried out any rectifications, Deoccupation notices were issued to respondents 5 to 7 on 5.3.2018. It is stated that respondents 5 to 7 have filed appeals under Section 80A of the Tamil Nadu Town and Country Planning Act, 1971 challenging the De-occupation notices issued by the Corporation.

4. Thus, it is seen that the Corporation has been taking steps in relation to the unauthorized constructions. In view of the above, no further directions are necessary, except to direct the Appellate Authority, i.e., the first respondent, to dispose of the appeal as expeditiously as possible. No costs. Consequently, W.M.P.Nos.5895 to 5897 of 2018 are closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar sasi To:

1 The Secretary to Government State of Tamil Nadu Housing and Urban Development Department Secretariat Chennai - 600 009.

2 The Commissioner Corporation of Chennai Rippon Buildings Chennai-600 003 3 The Member Secretary Chief Metropolitan Development Authority Thalamuthu Natarajan Buildings Egmore, Chennai - 600 008.

4 The Executive Engineer Greater Chennai Corporation Zonal Office-VIII, 2nd Cross Street (East) Pulla Avenue, Shenoy Nagar Chennai - 600 030 5 The Assistant Executive Engineer TANGEDCO, Chetpet Chennai - 600 031.

6 The Managing Director Chennai Metropolitan Water Supply & Sewerage Board Pumping Station Road Chindatripet Chennai - 600 002.

+1cc to M/s.K.Soundararajan, Advocate, S.R.No.75949 +1cc to M/s.Surana and Surana, Advocate, S.R.No.74776 +1cc to Ms.C.Sangamithirai, Advocate, S.R.No.74388 +1cc to the Government Pleader, S.R.No.75521 W.P.No.4768 of 2018 CNR(CO) CS/01/10/2019