Madras High CourtWP/10851/2022disposed of

Abhishek S.Jain v. Government Of Tamilnadu

2022-04-28Honourable Mr Justice T.Raja,Honourable Mr Justice S. Sounthar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2022

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA and THE HONOURABLE MR.JUSTICE S.SOUNTHAR W.P.No.10851 of 2022 Abhishek S. Jain ... Petitioner -vs1. Government of Tamil Nadu rep. by its Secretary to Government, Housing and Urban Development Department, St. George Fort, Secretariat, Chennai-600 009.

2. Greater Chennai Corporation rep. by its Commissioner, Ripon Building, Chennai-600 003.

3. The Executive Engineer, Greater Chennai Corporation, Zone-V, Division-54, 61, Basin Bridge Road, Chennai-600 021.

... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking for issuance of a Writ of Mandamus, directing the respondents 2 and 3 to de-seal the ground floor of the petitioner's premises at Door No.48, Perumal Garden Koil Street, Sowcarpet, Chennai-600 079 which was locked and sealed on 17.06.2016 so as to enable the petitioner to carry out rectification of the same in conformity with the sanctioned plan and submit an application for revised plan as per the site condition as required under Section 49 of the Town and Country Planning Act and in conformity with the Tamil Nadu Combined Development Regulations, 2019 by considering the petitioner's representation dated 10.04.2022.

For Petitioner : Mr.D.S.Rajasekaran For Respondents : Mr.K.V.Sajeev Kumar, Spl.Govt.Pleader for R1 Mr.K.Raja Shrinivas for R2 & 3

ORDER

(Order of the Court was made by T.RAJA, J.) This Writ Petition has been filed seeking to issue a Writ of Mandamus, directing the respondents 2 and 3 to de-seal the ground floor of the petitioner's premises at Door No.48, Perumal Garden Koil Street, Sowcarpet, Chennai-600 079 which was locked and sealed on 17.06.2016 so as to enable the petitioner to carry out rectification of the same in conformity with the sanctioned plan and submit an application for revised plan as per the site condition as required under Section 49 of the Town and Country Planning Act and also in conformity with the Tamil Nadu Combined Development Regulations, 2019 by considering the petitioner's representation dated 10.04.2022.

Learned Counsel appearing for the petitioner submitted that the petitioner has purchased the ground floor portion of the building-in-question together with 25 sq.ft. of undivided share of land from one Onkar and his wife under a registered sale deed dated 29.06.2012 on the file of SRO, Sowcarpet. Originally, the said property was purchased by his parents in his name while he was aged about 22 years. As his vendor has carried out some additions and alterations in the said building including covering of the car park area that was conveyed to him and started using the same for commercial activity, the present impugned proceedings Lock and Seal and Demolition Notice dated 17.06.2016 was issued. Therefore, the petitioner has come to this court seeking time to rectify the deviations as per the approved plan.

Learned Counsel for the petitioner further submitted that since the original space earmarked for car parking has been utilised for commercial purpose, he will remove all the space converted into commercial area and restore the car parking area in the ground floor of the property-in-question. Therefore, he sought for 3 months time for the same.

Mr.K.V.Sajeev Kumar, learned Special Government Pleader takes notice for 1st respondent and Mr.K.Raja Shrinivas, learned Standing Counsel takes notice for respondents 2 and 3. 5.

Learned Standing Counsel for the respondent Corporation submitted that the promoter has violated the planning permission consuming the entire car parking area and besides when the planning permission was granted to put up slit + two floors, three more additional floors have been put up. Therefore, the lock and seal and demolition notice has been issued. Since the petitioner has now come forward to rectify the

same, suitable direction may be issued, he pleaded. 6.

Considering the facts and circumstances of the matter and also the fact that now the petitioner has come forward to rectify the defects/violations, this Court hereby direct the 3rd respondent herein to de-seal the ground floor of the propertyin-question within a period of one week and the petitioner is permitted to rectify the deviations as per the approved plan within a period of three months thereafter. It is made clear that if the petitioner fails to rectify the deviations within the stipulated time, the respondent Corporation is at liberty to proceed further in accordance with law for resealing of the property-in-question.

7. With the above observation and direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-III) //True copy// Sub Assistant Registrar tsi To

1. Secretary to Government, Government of Tamil Nadu, Housing and Urban Development Department, St. George Fort, Secretariat, Chennai-600 009.

2. The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai-600 003.

3. The Executive Engineer, Greater Chennai Corporation, Zone-V, Division-54, 61, Basin Bridge Road, Chennai-600 021.

+1cc to Mr.D.S.Rajasekaran, Advocate SR.No.29414 +1cc to Mr.K.Raja Shrinivas, Advocate SR.No.29503 +1cc to Government Pleader SR.No.30932 W.P.No.10851 of 2022 EV(CO) GMY(10/05/2022)