Balashanmugam Umapathy v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.11.2024 CORAM :

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE P.B.BALAJI W.P.No.8249 of 2024 and W.M.P No.9211 of 2024 Balashanmugam Umapathy ... Petitioner Vs.

1.The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai 600 001.

2.The Chennai Metropolitan Development Authority, Thalamuthu Natarajan Maaligai, No.1, Gandhi Irwin Road, Egmore, Chennai 600 008.

Represented by its Member Secretary 3.Mahaveer Bohra.P ... Respondents PRAYER : Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Mandamus, directing the 1st and 2nd respondents to demolish the unauthorised constrution at 40/24, Air India Colony, Harleys Lane, Harleys Road, Kilpauk, Chennai 600 010.

For Petitioner : Ms.M.Vidya For Respondent 1 : Mr.D.B.R.Prabhu, Standing Counsel For Respondent 2 : Mr.Y.Bhuvanesh Kumar For Respondent 3 : Mr.V.S.R.Hanu Babu

ORDER

(Order of the Court was made by D.KRISHNAKUMAR,J.) This writ petition has been filed to direct the 1st and 2nd respondents to demolish the unauthorised construction at 40/24, Air India Colony, Harleys Lane, Harleys Road, Kilpauk, Chennai 600 010 made by the third respondent herein, with major deviations comprising of around stilt + 4 floors, even after numerous complaints given by the petitioner.

2. Learned counsel appearing for the official respondents submitted that, already notice has been issued to the third respondent on 04.11.2024, by notifying the details of the deviation, calling upon him either to remove the unauthorised construction or to restore the building, as per the sanctioned planning permission, within 30 days, failing which, appropriate action will be taken under 56(5) of the Tamil Nadu Town and Country Planning Act, 1971 .

3. Recording the above submission, this writ petition is disposed of. There shall be no order as to costs. Connected miscellaneous petition is closed. It is for the third respondent to rectify the defects, within the stipulated period as mentioned in the notice, otherwise, the respondent Corporation is at liberty to take action against him. (D.K.K.J.) (P.B.B.J.) 05.11.2024 Internet: Yes/No Index : Yes/No mst To 1.The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai 600 001.

2.The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajan Maaligai, No.1, Gandhi Irwin Road, Egmore, Chennai 600 008.

D.KRISHNAKUMAR, J.

and P.B.BALAJI, J.

mst and W.M.P No.9211 of 2024 05.11.2024