G.Manonmani v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.07.2019

CORAM

THE HON'BLE MRS.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.14263 of 2019 G.Manonmani .. Petitioner Vs 1 The Commissioner Corporation of Chennai No.1131 EVR Periyar Salai Chennai - 600003.

2 The Zonal Officer Zone No.9, Corporation of Chennai No.8, Lake Area Nungambakkam Chennai - 600034.

3 The Assistant Engineer Corporation Division No.110 No.8, Lake Area Nungambakkam Chennai - 600 034.

4 D.Vijayaraghunathan .. Respondents PRAYER:

Petition under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 1 to 3 herein to take appropriate legal action against the fourth respondent towards the illegal unauthorized construction put up by the fourth respondent at Door No.17 (Old No.8), West Mada Street, Nungambakkam, Chennai - 600034, situated in the

Corporation Division No.110, Zone No.9, and within the Registration District of Chennai Central and Sub Registration Office of Joint II, Thousand lights.

For Petitioner : Mr.B.Divakaran For Respondents : Mr.V.C.Selvasekaran for respondents 1 to 3 Mr.C.Subramanian for 4th respondent

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Heard Mr.B.Divakaran, learned counsel for the petitioner; Mr.V.C.Selvasekaran, learned counsel for respondents 1 to 3 and Mr.C.Subramanian, learned counsel for the fourth respondent.

2. The case of the petitioner is that the fourth respondent has put up illegal and unauthorized construction at Door No.17 (Old No.8), West Mada Street, Nungambakkam, Chennai - 600034, situated in the Corporation Division No.110, Zone No.9, within the Registration District of Chennai Central and Sub Registration Office of Joint II, Thousand lights. In relation to the said illegal and unauthorized construction, the petitioner has preferred a representation to the respondent Corporation on 2.1.2019. The grievance of the petitioner is that no action was taken by the respondent Corporation on the basis of the said representation. Hence, the petitioner has prayed that respondents 1 to 3 be directed to take action against the fourth respondent in relation to the said illegal and unauthorized construction.

3. The learned counsel for the respondent Corporation stated that, indeed, the construction put up by the fourth respondent is unauthorized and hence, they have issued a notice on 8.5.2019 calling for the approved plan from the fourth respondent and thereafter, on 23.7.2019, a Locking and Sealing and Demolition Notice has been issued to the fourth respondent in relation to the said property.

4. Thus, it is seen that the respondent Corporation is taking action in relation to the unauthorized construction put up by the fourth respondent. Hence, in our view, no further

orders are necessary and, therefore, this writ petition is closed. No costs. Consequently, W.M.P.No.14347 of 2019 is closed. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar sasi To:

1 The Commissioner Corporation of Chennai No. 1131 EVR Periyar Salai Chennai - 600003.

2 The Zonal Officer Zone No.9, Corporation of Chennai No.8, Lake Area, Nungambakkam, Chennai - 600034.

3 The Assistant Engineer Corporation Division No.110 No.8, Lake Area, Nungambakkam, Chennai - 600 034.

+1cc to Mr.B.Divakaran, Advocate, S.R.No.65666 +1cc to Mr.C.Subramanian, Advocate, S.R.No.66069 W.P.No.14263 of 2019 SV(CO) CS/12/09/2019