B.Iyyappan v. The Corporation Of Chennai
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.04.2021
CORAM
THE HONOURABLE MR. JUSTICE N. KIRUBAKARAN AND THE HONOURABLE MRS. JUSTICE T.V. THAMILSELVI W.P. Nos. 10387, 10388, 10390 & 10391 of 2021 & W.M.P. Nos. 10969, 10973, 10975 & 10977 of 2021 B. Iyyappan ..Petitioner in W.P. No.10387/2021 Dr. Raghuraman ..Petitioner in W.P. No.10388/2021 B. Nachiyar ..Petitioner in W.P. No.10390/2021 K. Mathiyazhagan ..Petitioner in W.P. No.10391/2021 Vs.
1.
The Corporation of Chennai, rep. by its Commissioner, Ripon Building, Park Town, Chennai - 600 003.
The Executive Engineer (Zone X), Greater Chennai Corporation Zonal Office, Zone-10, No.117, NSK Salai of Chennai, Kodambakkam, Chennai - 600 026.
The Assistant Engineer, Division No.136, Unit 30, Zone 10, Masilamani Street, T. Nagar, Chennai - 600 017.
4.
Natha Murali Krishna, No.262, 8th Avenue, Sea Shore Tower, E.C. Road, Panaiyur, Chennai.
..Respondents in all the Writ Petitions
Prayer:
Petitions under Article 226 of the Constitution of India praying for issue of a Writ of Certiorari to call for the entire records of the 3rd respondent in the impugned deoccupation notice Z.O.X/10/00802/2021 dated 12.04.2021 and quash the same.
For Petitioners::
Mr.M. Balasubramanian For Respondents::
Mr.K. Raja Shrinivas for R1 to R3 COMMON ORDER (Order of the Court was made by N. KIRUBAKARAN,J.) The matters were heard through videoconferencing. The petitioners are tenants in respect of the property at New No. 33, Old No. 13 (Older No.30), Sarojini Street, T. Nagar, Chennai -17. Since construction has been made in violation of the proposed plan, deoccupation notice dated 12.04.2021 was issued as per order dated 25.04.2017 passed in W.P. No. 10517 of 2017. The said order is being challenged before this Court.
The petitioners are only occupiers of the property and they cannot challenge the impugned notice. Since the building has been constructed in violation of the approved plan, they have to vacate the premises.
4.
Learned counsel for the petitioners, in the last hearing, submitted that some time may be granted to vacate the premises and therefore, this Court suggested to vacate the premises on or before 30.07.2021 and till such time, their possession would not be disturbed on condition that undertaking affidavits have to be filed by the petitioners. 5.
When the matters are called today, each one of the petitioners has filed an undertaking affidavit dated 27.04.2021 stating that they will comply with the de-occupation notice dated 12.04.2021 on or before 30.07.2021.
6.
Hence, the writ petitions are dismissed recording the undertaking affidavit given by each of the petitioners that they will vacate the premises on or before 30.07.2021 failing which,
the respondents shall take action pursuant to the de-occupation notice. However, it is made clear that till such time, no coercive steps shall be taken against the petitioners. No costs. Connected W.M.P.s are closed.
s/d- Assistant Registrar True Copy Sub-Assistant Registrar nv To
1. The Commissioner, Corporation of Chennai, Ripon Building, Park Town, Chennai - 600 003.
The Executive Engineer (Zone X), Greater Chennai Corporation Zonal Office, Zone-10, No.117, NSK Salai of Chennai, Kodambakkam, Chennai - 600 026.
The Assistant Engineer, Division No.136, Unit 30, Zone 10, Masilamani Street, T. Nagar, Chennai - 600 017.
+4 Ccs to Mr.M. Balasubramanian, Advocate sr 26209, 26210, 26211, 26212.
W.P.Nos. 10387, 10388, 10390 & 10391 of 2021 SS(CO) SP(05/07/2021)