M/S. C.L.Baid Mehta Trust, v. Govt. Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.06.2015
CORAM:
THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE M. VENUGOPAL W.P. No.14395 of 2015 and M.P. No.1 of 2015 and Contempt Petition No.843 of 2015 W.P. No.14395 of 2015:
M/s.C.L. Baid Mehta Trust represented by its Trustee L. Udaya Mehta S/o C.L. Mehta No.62/60 Burkit Road T. Nagar, Chennai 600 017
...Petitioner
vs.
Government of Tamil Nadu represented by its Secretary to Government Housing and Urban Development Department Secretariat Chennai 600 009 The Chennai Metropolitan Development Authority represented by its Member Secretary No1, Gandhi Irwin Road
...Respondents
Contempt Petition No.843 of 2015:
Baid Mehta Complex Residents Welfare Association represented by its Secretary, K. Udayakumar No.16, Mount Road, Little Mount, Saidapet Chennai 600 015
...Petitioner
vs.
Mr. Karthick Chennai Metropolitan Development Authority represented by its Member Secretary No.1, Gandhi Irwin Road
...Respondent
Prayer in W.P. No.14395 of 3015:
Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents to consider and pass orders on the representation dated 29.04.2015 for removal of the lock and seal affixed on 28.04.2015 to the basement floor in all the 3 blocks at New No.16, Old No.183, Anna Salai, Little Mount, Saidapet, Chennai 600 015, so as to enable the petitioner to rectify the deviation in the basement floor and bring the same in conformity to the sanctioned plan accorded by the second respondent vide P.P.A. Letter No.B1/182/92 dated 23.09.1992, within a reasonable time.
Prayer in Contempt Petition No.843 of 2015:
Contempt Petition filed under Section 11 of the Contempt of Courts Act, seeking to punish the respondent for wilful dis-obedience of the order dated 18.03.2015 passed in W.P. No.3148 of 2015 and the consequential contempt of Court.
W.P. No.14395 of 2015:
For petitioner :
Mr. L. Chandrakumar For R1 :
Mr. N. Sakthivel, Govt. Advocate For R2 :
Mr. K. Raja Srinivas, Standing Counsel Contempt Petition No.843 of 2015:
For petitioner :
Mr. Ma.P. Thangavel For respondent :
Mr. K. Raja Srinivas, Standing Counsel
COMMON ORDER (Order of the Court was made by SATISH K. AGNIHTORI, J.) This writ petition is filed seeking a writ of mandamus directing the respondents to consider and pass orders on the representation dated 29.04.2015 for removal of the lock and seal affixed on 28.04.2015 to the basement floor in all the 3 blocks at New No.16, Old No.183, Anna Salai, Little Mount, Saidapet, Chennai 600 015, so as to enable the petitioner to rectify the deviation in the basement floor and bring the same in conformity with the sanctioned plan accorded by the second respondent vide P.P.A. Letter No.B1/182/92 dated 23.09.1992, within a reasonable time.
Today, when the matter is taken up for hearing, the learned counsel for the petitioner submits that having lost at every forum, including the appeal preferred under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971 in respect of the property in question, wherein, the authorities had recorded the deviations and illegal constructions, the petitioner seeks a direction from this Court to permit it to remove the deviations and also the illegal structures and to restore the same to their original position as per the approved plan.
The learned Standing Counsel appearing for the second respondent-Chennai Metropolitan Development Authority submits that the petitioner will be granted four weeks time after de-sealing and unlocking the premises, for removal of deviations and illegal structure and thereafter, the authorities will have proper inspection and if it is found that the same is not done in accordance with the approved plan, the second respondent be permitted to lock and seal the same.
Accordingly, we dispose of the writ petition permitting the petitioner to take necessary steps for making good the defects in the structure. If deviations are not rectified and also illegal structures are not removed within the time, as aforestated, the authorities are competent to take steps immediately to seal and lock the premises and thereafter, take consequential action as required under the provisions of law. Costs made easy. Connected Miscellaneous Petition is closed.
In view of the disposal of the aforesaid writ petition, nothing survives for adjudication in Contempt Petition No.843 of 2015. Accordingly, the Contempt Petition stands closed. Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar cad To The Secretary to Government Housing and Urban Development Department Government of Tamil Nadu Secretariat Chennai 600 009 The Member Secretary Chennai Metropolitan Development Authority No1, Gandhi Irwin Road 1 CC to Mr. L. Chandrakumar, Advocate SR.No. 27539 1 CC to Mr. K. Raja Srinivas, Advocate SR.No. 27672 1 CC to the Government Pleader, SR.No. 27719 W.P. No.14395 of 2015 and Contempt Petition No.843 of 2015 RJ (CO) PSI (18.06.2015)