P.Sivagnanam, v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.08.2016
CORAM
THE HONOURABLE MR.JUSTICE HULUVADI G. RAMESH and THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN Writ Petition No.15565 of 2016 and WMP.No.13532 & 13608 of 2016,19496/2016 and Contempt Petition No.1662 of 2016 P.Sivagnanam ..Petitioner in W.P.15565/2016 and Cont.P.1662 of 2016 Vs.
1.The Secretary to Government Housing and Urban Development (UD-VI(2) Department, Secretariat, Fort St.George, Chennai-600 009.
2.The Commissioner, Corporation of Chennai, Rippon Building, Chennai-600 003.
3.The Regional Deputy Commissioner (South), Regional (South) Greater Chennai Corporation No.115, Dr.Muthulakshmi Salai, Adyar, Chennai-600 020.
4.The Executive Engineer, Chennai Corporation Zone-13, 5.R.Aarani ..Respondents in W.P.No.15565 of 2016 1.Dr.B.Chandra Mohan, The Commissioner Corporation of Chennai Rippon Building Chennai-600 003 2.Mr.A.Annadurai The Regional Deputy Commissioner (South) Regional (South) Greater Chennai Corporation
No.115, Dr.Muthulakshmi Salai Adyar, Chennai-600 020 3.Mr.Sampath The Executive Engineer Chennai Corporation Zone-13 ..Respondents in Contempt Petition No.1662/2016 Prayer in W.P.15565/2016:- Writ Petition filed praying to issue a writ of Certiorarified Mandamus to call for the records in G.O.(3D).No.53, dated 09.02.2016 passed by the 1st respondent and quash the same and consequently direct the respondents 2 to 4 to take appropriate consequential action against the 5th respondent.
Prayer in Cont.P.No.1662 of 2016 :- Contempt Petition filed to punish the contemnors respondents for their wilful disobedience of the orders of this court dated 27.04.2016 passed in W.P.NO.15565 of 2016.
For Petitioner IN BOTH WP. & CONTEMPT PETITIONS : Mr.R.Subramanian For Respondents: Mr.A.Thiyagarajan, Senior counsel for Mr.D.Senthilkumar for R5.in WP.15565/2016 Mrs.A.SRIJAYANTHI SPL.GP.FOR R1 IN WP.NO.15565/2016 Mr.A.NAGARAJAN FOR R2 TO R4 IN WP.15565/2016 Mr.A.NAGARAJAN FOR RESPONDENTS IN CONT.P.NO.1662/16
ORDER
(Order of the Court was made by M.V.MURALIDARAN, J.) Heard R.Subramanian, learned counsel appearing for the petitioner and Mr.A.Thiyagarajan, learned Senior counsel appearing for the 5th respondent and Mr.A.Nagarajan, learned Standing counsel for the Corporation.
2. This Writ Petition is filed challenging order passed by the 1st respondent in G.O.(3D).No.53, dated 09.02.2016, wherein, the appeal filed by the 5th respondent under Section 80A of Tamil Nadu Town and Country Planning Act, 1971, has been allowed. Consequently, the Regional Deputy Commissioner (South) initiated a proceedings dated 02.03.2016 to the Zonal Officer, Zone-XIII, Adyar, stating as follows:-
"The appellant R.Arani has to furnish an affidavit/undertaking stating that Corporation of Chennai shall be re-course of enforcement action if the established width of road is more than the width of existing on ground proved beyond doubt that the petitioner has encroached on the road portion.
I will be liable to the above condition for removal of encroachment as referred in the Govt.Order, vide G.O.(3D).No.53, Housing and Urban Development [UD-VI(2)] Department dated 09.02.2016.
In view of the above you are requested to de-seal the premises at Door No.122, Bajanai Koil Street, Urur Kuppam, Besant Nagar, Chennai600 090 as per the orders of the Government."
3. Taking into account all the above facts and circumstances of the case, the Corporation Authorities are directed to pass appropriate orders as per the direction made out by the Regional Deputy Commissioner (South) in his proceedings dated 02.03.2016, within 4 weeks from the date of receipt of a copy of this order, after affording opportunity to the petitioner as well as 5th respondent and by following due process of law.
4. The Writ Petition is disposed of with the above direction. No costs. Consequently, connected WMPs are closed.
5. In view of the order passed in W.P.No.15565 of 2016, no further order is necessary in the contempt proceedings. Accordingly, Cont.P.No.1662 of 2016 is closed. nvsri Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1.The Secretary to Government Housing and Urban Development (UD-VII(2) Department Chennai-600 009
2.The Commissioner Corporation of Chennai Rippon Building Chennai-600 003 3.The Regional Deputy Commissioner (South) Regional (South) Greater Chennai Corporation No.115, Dr.Muthulakshmi Salai Adyar, Chennai-600 020 4.The Executive Engineer Chennai Corporation Zone-13 + 1 CC TO W.M.ABDUL MAJEED, ADVOCATE SR 44479 + 1 CC TO A.NAGARAJAN, ADVOCATE SR 44809 + 1 CC TO THE GOVT.PLEADER, SR 44752 KR/6/9/16 Writ Petition No.15565 of 2016 and Cont.P.No.1662 of 2016