S.Thiruvengadam, v. Chennai Metropolitan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.08.2019 CORAM :
The Hon'ble Mrs.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE M.DURAISWAMY W.P. No.23067 of 2016 and W.M.P.No.7149 of 2017 S.Thiruvengadam ... Petitioner -vs1.Chennai Metropolitan Development Authority, Rep. By its Member Secretary, Thalamuthu-Natarajan Building, No.1, Gandhi Irwin Road, Egmore, Chennai 600 008.
2.Corporation of Chennai, Rep. By its Commissioner, Ripon Buildings, Chennai 600 003.
3.Executive Engineer, Zone XIII, Adyar, Chennai 600 020.
4.Assistant Executive Engineer, Division 176, Unit 38, Zone-13, Corporation of Chennai, Adyar, Chennai 600 020.
5.Hari Narayana Builders, Adyar, Chennai-20.
6.Smart Kitchen, Adyar, Chennai-20.
7.Krossark Consulting Service Pvt. Ltd.
8.Greens Technology 9.S1-System's 10.VR4U Academy 11.Citizen Consumer and Civil Action Group 12.Bhoomi and Builders 13.Zoom Rx.
14.Dura soft 15.Adyar Call Taxi 16.Minimelt'D'
17.Old is Gold Store 18.Ashas School Visual Arts 19.Virukshaa Properties Pvt. Ltd.
20.Elok Redefining Living Experience 21.Shankar's IAS Academy 22.Sri Vari Agency 23.Umashankar 24.Grauda Trading Co.Pvt.Ltd.
25.Adyar Co-op. Housing Society Ltd., Respondents7 to 25 all at Adyar, Chennai-20.
... Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the respondents to initiate action against respondents 5 to 21 and other violators if any of Development Regulations No.14 of Second Master Plan for Chennai Metropolitan Area, 2026 & Rule 7 of the Development Control Rules made under the Tamil Nadu Town and Country Planning Act, 1971, in Padmanabha Nagar, Adyar, Chennai 600 020 and complete the same within a time frame fixed by this Court.
For Petitioner :
Mr.Mohamed Fayaz Ali For Respondents :
Mr.P.S.Ganesh Stdg. Counsel for R-1 :
Mr.R.Arunmozhi Stdg. Counsel for RR 2 to 4 :
Mr.G.Senthil Kumar for R-22 :
Ms.S.G.Alli Chandra for RR 12, 16 and 21 :
No appearance for RR 6 to 8, 11, 13 to 16, 19, 20, 24, 25 :
Not ready in notice reg. RR 5, 9, 10, 13, 14, 17, 18 and 20
O R D E R
(Order of the Court was made by The Hon'ble Chief Justice) Heard Mr.Mohamed Fayaz Ali, learned counsel for the petitioner, Mr.P.S.Ganesh, learned Standing Counsel for respondent no.1, Mr.R.Arunmozhi, learned Standing Counsel, for respondent nos.2 to 4, Ms.S.G.Alli Chandra, learned counsel for respondent nos.12, 16 and 21 and Mr.G.Senthil Kumar, learned counsel appearing for respondent no.22.
2.The case of the petitioner is that respondent nos.5 to 21 have put up unauthorised construction in violation of the provisions of Tamil Nadu Town and Country Planning Act, 1971 and also the Development Control Rules, in Padmanabha Nagar, Adyar, Chennai 600 020. Hence, the petitioner prayed that action be taken against the said respondents.
3.The learned counsel for the respondents Corporation stated that in relation to the said unauthorised construction, they have issued locking and sealing notice dated 09.11.2016 under Sections 56 and 57 read with Section 85 of the Tamil Nadu Town and Country Planning Act, 1971 and thereafter, de-occupation notice dated 28.12.2016 has also been issued. After the respondents 5 to 21 received the said notices, they have preferred appeals, which are pending before the Government. 4.Thus, it is seen that the authorities have been taking action against the unauthorised construction put up by respondent nos.5 to 21. Hence, no further orders are necessary at this stage.
The writ petition is, accordingly, disposed of. No costs. Consequently, W.M.P.No.7149 of 2017 is closed. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar sra To 1.The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu-Natarajan Building, No.1, Gandhi Irwin Road, Egmore, Chennai 600 008.
2.The Commissioner, Ripon Buildings, Chennai 600 003.
3.The Executive Engineer, Zone XIII, Adyar, Chennai 600 020.
4.The Assistant Executive Engineer, Division 176, Unit 38, Zone-13, Corporation of Chennai, Adyar, Chennai 600 020.
+1cc to Mr.S.Sethuraman, Advocate Sr.68533 +1cc to Mr.P.S.Ganesh, Advocate Sr.68497 +1cc to Mr.S.K.Chandrakumar, Advocate Sr.68328 W.P.No.23067 of 2016 vg I[co] srg 12/09/2019