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Madras High CourtWP/7027/2019dismissed

Amritha G.K v. The Corporation Of Chennai

2019-06-25Honourable The Chief Justice,Honourable Mr Justice M.Duraiswamy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.06.2019 CORAM :

The Hon'ble Mrs.V.K.TAHILRAMANI, CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE M.DURAISWAMY W.P. No.7027 of 2019 G.K.Amritha .. Petitioner -vs1.The Corporation of Chennai, rep. by its Commissioner, Ripon Buildings, Park Town, Chennai - 600 003.

2.The Executive Engineer, The Corporation of Chennai, Zonal Office IX, Division No.117, Kodambakkam, Chennai - 600 024.

3.The Chennai Metropolitan Development Authority, rep. by its Member Secretary, Thalamuthu Natarajan Building, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008.

4.Dr.Duraisamy .. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondents 1 to 3 from allowing respondent No.4 from proceeding with the illegal construction carried out at No.8, Tilak Street Extension, T.Nagar,

Chennai-600 017 consequently to demolish all the structures constructed in violations and deviations of permission, plan approval of respondents and comply with necessary building guidelines with a proper compound wall and fix responsibility on officer who are responsible.

For Petitioner : Mr.N.Siva Kumar For Respondent : Mr.V.C.Selvasekaran for respondent Nos.1 and 2 Mr.P.S.Ganesh for respondent No.3 Mrs.K.Ashwin Devi respondent No.4

ORDER

(Order of the Court made by The Hon'ble Chief Justice) Heard Mr.N.Sivakumar, learned counsel for the petitioner; Mr.V.C.Selvasekaran, learned counsel for respondent Nos.1 and 2; Mr.P.S.Ganesh, learned counsel for respondent No.3 and Mrs.K.Ashwin Devi, learned counsel for respondent No.4.

2. According to the petitioner, respondent No.4 has carried out illegal construction at No.8, Tilak Street Extension, T.Nagar, Chennai17. Hence, he is seeking direction to respondent Nos.1 to 3 to

demolish all the structures constructed in violation and deviation of the approved plan.

3. The learned counsel for respondent Nos.1 and 2 has tendered the Inspection Report dated 11.04.2019 of the Junior Engineer, Division-117, Unit-26, Zone-9, wherein it is stated that the building was inspected at completion level on 05.04.2019 and found that it was as per the approved plan.

4. In view of the above, the writ petition is dismissed. No costs. (V.K.T., CJ.) (M.D., J.) 25.06.2019 Index : Yes/No bbr To 1.The Commissioner, Corporation of Chennai, Ripon Buildings, Park Town, Chennai - 600 003.

2.The Executive Engineer, The Corporation of Chennai, Zonal Office IX, Division No.117, Kodambakkam, Chennai - 600 024.

3.The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajan Building, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008.

The Hon'ble Chief Justice and M.Duraiswamy, J.

bbr W.P.No.7027 of 2019 25.06.2019