Siona Priscilla v. Greater Corporation Of Chennai,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.04.2019 CORAM :
THE HON'BLE MRS.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE M.DURAISWAMY W.P. No.7648 of 2019 and W.M.P.Nos.8284 & 8285 of 2019 1 Mrs. Siona Priscilla 2 Mrs. Kiran Fathima 3 J.Prabhakar .. Petitioners v.
1 Greater Corporation of Chennai Rep. by The Commissioner Rippon Building No.1131, EVR Salai Chennai - 600 003 2 Executive Engineer - I Zone 13, No.115, Dr. Muthulakshmi Salai LB Road, Adyar Chennai - 600020 3 Assistant Executive Engineer Unit 38, No.115, Dr. Muthulakshmi Salai LB Road, Adyar Chennai - 600020 4 Assistant Engineer Division 181. No.115, Dr. Muthulakshmi Salai LB Road, Adyar Chennai - 600020 5 Additional Secretary (Technical) Housing and Urban Development Department Secretariat, Chennai - 600009 6 V.Natarjan 7 Nalini Natarajan .. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorari Calling for the records of the 5th respondent in proceedings Letter No. 24696/
UD-VII (2)/ 2018-3, dated 04.03.2019 and consequential notice of the 2nd respondent in Lr. No. Z.O.13/C.No.SPL/2019, dated 07.03.2019 and quash the same as illegal .
For Petitioner : Mr.M.K.Kabir, Senior Counsle for Ms.M.Kaviyarasi For Respondents: Mr.V.C.Selvasekaran - for R1 to R4 Mr.V.Jayaprakash Narayanan, Government Pleader (i/c) - for R5 MrK.G.Vasudevan - for R6 & R7
O R D E R
(ORDER OF THE COURT WAS MADE BY M.DURAISWAMY, J.) The petitioners have filed the above Writ Petition to issue a Writ of Certiorari to call for the records of the 5th respondent in the proceedings dated 04.03.2019 and consequential notice of the 2nd respondent dated 07.03.2019 and to quash the same.
2. It is the case of the petitioners that they are running play school at No.29/53, Rukmani Street, Kalakshetra Colony, Adyar, Chennai since 2013, however, without obtaining any permission from the authorities for running the school. In such circumstances, the authorities have initiated proceedings for unauthorized usage of the building. As against the same, the petitioners have preferred an appeal under section 80-A of the Town and Country Planning Act, 1971, before the 5th respondent. The 5th respondent, by order dated 04.03.2019 directed the Chennai Corporation to pursue further action. Challenging this order, the petitioners have filed the Writ Petition.
3. The learned Senior Counsel appearing for the petitioners submitted that the respondents 6 and 7, who are their landlords, have already filed Rent Control Original Petition for eviction and the same is pending. That apart, the learned Senior Counsel submitted that the petitioners are willing to shift the School to some other place and shall run the school only after obtaining permission from the authorities. The learned Senior Counsel further submitted that they will continue to reside in the said premises using it as residential house.
4. The 5th respondent has considered all the defences taken by the petitioners, while rejecting their claim in the impugned order dated 04.03.2019.
5. We do not find any error or irregularity in the order passed by the 5th respondent. In these circumstances, the Writ
Petition is devoid of merits and the same is dismissed. No costs. Consequently, the connected Miscellaneous Petitions are closed.
Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar Rj To 1 Greater Corporation of Chennai Rep. by The Commissioner Rippon Building No.1131, EVR Salai Chennai - 600 003 2 Executive Engineer - I Zone 13, No.115, Dr. Muthulakshmi Salai LB Road, Adyar Chennai - 600020 3 Assistant Executive Engineer Unit 38, No.115, Dr. Muthulakshmi Salai LB Road, Adyar Chennai - 600020 4 Assistant Engineer Division 181. No.115, Dr. Muthulakshmi Salai LB Road, Adyar Chennai - 600020 5 Additional Secretary (Technical) Housing and Urban Development Department Secretariat, Chennai - 600009 +1cc to Mr.M.Kaviyarasi, Advocate, S.R.No.32386 +1cc to the Government Pleader, S.R.No.32443 W.P.No.7648 of 2019 and W.M.P.Nos.8284 & 8285 of 2019 AD(CO) RRS(15/04/2019)