Chamundeeswari v. Y.Joseph Raj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.12.2023

CORAM:

THE HON'BLE MR. JUSTICE R. SUBRAMANIAN AND THE HON'BLE MR. JUSTICE K. KUMARESH BABU L. Chamundeeswari Petitioner v Y. Joseph Raj The Principal Secretary & Commissioner Greater Chennai Corporation Ripon Building, Chennai The Joint Commissioner of Police North Tondiarpet Chennai The Executive Engineer Zone - IV, Chennai Corporation Thiruvottriyur, Chennai 600 019 The Zonal Officer Zone IV, Chennai Corporation Old Washermanpet Chennai 600 021 The Assistant Executive Engineer Unit 10, Corporation of Chennai Thiruvottriyur Chennai 600 019 The Assistant Engineer Division No.39 1/4

Corporation of Chennai Thiruvottriyur Chennai 600 019 Respondents Review Application filed under Order 47 Rule 1 read with Section 114 of the Civil Procedure Code seeking to review the order dated 20.10.2022 passed in W.P. No.23425 of 2022 directing the respondents 2 to 7 to take necessary action of sealing unauthorized construction notice issued by respondents 4 to 7 pertaining to the proceedings in Notice No.Z.O.IV/C.No.83/4346/2022 dated 16.05.2022 with suitable police aid and consequently, direct the respondents to demolish the illegal, unauthorised construction building property bearing Old Door No.45, New No.137, Thiruvottriyur High Road, New Washermanpet, Tondiarpet, Chennai 600 081, in violation of the Town and Country Planning Act, 1971. For petitioner Mr. Aravind Subramaniam, Sr. Counsel for Mr. S. Vediappan For R1 Mr. A. Muthukumar For R3 Mr. T. Venkatesh Kumar Special Government Pleader For RR 2 & 4-7 Mr. Arun Dhanapalan for Mr. D.B.R. Prabhu, Standing Counsel

ORDER

(made by R. SUBRAMANIAN, J.) This application has been filed seeking to review the order dated 20.10.2022 passed by us in W.P. No.23425 of 2022. 2/4

In the aforesaid order under review, we had issued a mandamus directing the Chennai Corporation to take action against unauthorised construction. Pursuant to our direction, the Chennai Corporation has also issued notices and has sealed the building.

It is now brought to our notice that two civil suits are pending with reference to the property in question in the City Civil Court, Chennai and this Writ Court has been used to circumvent the proceedings before the City Civil Court, Chennai.

We find that that the claim of the review petitioner is sustainable. Hence, this review petition is allowed and the order dated 20.10.2022 passed in W.P. No.23425 of 2022 is recalled. As a sequitur, the writ petition in W.P. No.23425 of 2022 will stand dismissed. It is open to the Chennai Corporation to take action if there is any violation or unauthorised construction put up. Costs made easy.

(R.S.M., J.) (K.B., J.) 12.12.2023 cad R. SUBRAMANIAN, J.

and 3/4

K. KUMARESH BABU, J.

cad 12.12.2023 4/4