M.N.Arun Kumar v. The Principal Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-04-2025

CORAM

THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR

1. M.N.Arun Kumar Plot No. 17, 5th Street, M.G.R. Road, Ecr Palavakkam Chennai 41 Petitioner(s) Vs

1. The Principal Secretary To Government Housing And Urban Development Department, , Fort St. George, Chennai 9 2.The Commissioner Greater Chennai Corporation, Ripon Buildings, Chennai 03 3.The Executive Engineer Zone 14, Greater Chennai Corporation, No. 6/46 Puzhuthivakkam Main Road, Chennai 91 4.The Assistant Executive Engineer Zone 14, Greater Chennai Corporation, No. 6/46 Puzhuthivakkam Main Road, Chennai 91

5.The Assistant Engineer Zone 14, Greater Chennai Corporation, No. 6/46 Puzhuthivakkam Main Road, Chennai 91 6.The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajan Building, No.1, Gandhi Irwin Road, Egmore Chennai 08 Respondent(s) PRAYER Calling for the records of the impugned proceedings made in Lock and Seal and Demolish Notice dated 24.02.2024 Letter No. 14/ 0001/ 2024 on the file of 3 rd respondent, quash the same and consequently, direct the 2 nd, 3 rd and 6 th respondent to consider the application dated 19.03.2024 filed by the petitioner for regularizing the layout of the property owned by the petitioner. For Petitioner(s):

Mr.Dhanaram Ramachandran For Respondent(s):

Mrs.E.Ranganayaki Additional Government Pleader for R1 Mr.D.B.R.Prabhu Standing Counsel for R2-5 No appearance for R6

ORDER

(Order of the Court was made by S.M.Subramaniam J.) The writ on hand has been instituted challenging the lock and seal and demolition notice dated 24.02.2024 issued by the Greater Chennai Corporation. 2.

The authorities during inspection found unauthorized construction,

since there was no building plan permission at all. The building is wholly unauthorized as per the Corporation. Thus, the impugned lock and seal and demolition notice was issued.

3.

If at all the petitioner is aggrieved, he would have preferred a revision under Section 80A of the Tamil Nadu Town and Country Planning Act. Without exhausting the statuary remedy contemplated under the Act, the writ petition has been instituted. The Writ Court cannot adjudicate the disputed facts. The findings of the appellate authority in the revision, would be of greater assistance for this Court to decide the issues on merits. Thus, the petitioner is at liberty to move revision petition. However, a liberty will not preclude the Corporation authorities to proceed with the enforcement action by following the procedures as contemplated under the acts and rules. 4.

Accordingly, the Writ Petition is disposed of. No costs. Consequently, the connected Miscellaneous Petitions, if any, are closed. (S.M.SUBRAMANIAM J.)(K.RAJASEKAR J.) 23-04-2025 gd Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Principal Secretary To Government Housing And Urban Development Department, , Fort St. George, Chennai 2.The Commissioner Greater Chennai Corporation, Ripon Buildings, Chennai 03 3.The Executive Engineer Zone 14, Greater Chennai Corporation, No. 6/46 Puzhuthivakkam Main Road, Chennai 91 4.The Assistant Executive Engineer Zone 14, Greater Chennai Corporation, No. 6/46 Puzhuthivakkam Main Road, Chennai 91 5.The Assistant Engineer Zone 14, Greater Chennai Corporation, No. 6/46 Puzhuthivakkam Main Road, Chennai 91 6.The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajan Building, No.1, Gandhi Irwin Road, Egmore Chennai 08

S.M.SUBRAMANIAM J.

AND K.RAJASEKAR J.

gd 23-04-2025