P.Sridharan v. Chennai Metropolitan Development Authority
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.04.2023
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI and THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN Writ Petition No.11823 of 2023 P.Sridharan .. Petitioner Vs.
1.Chennai Metropolitan Development Authority Represented by its Member Secretary Thalamuthu Maligai Buildings Egmore, Chennai-600 008.
2.The Commissioner Greater Chennai Corporation Chennai.
3. Zonal Executive Engineer (Zone-VIII) Door No.368, 2nd cross street Pulla Avenue Shenoy Nagar, Chennai-600 030.
4.A.P.Chelvam 5.P.Palani @ Palanikani .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the 1/8
respondents to take necessary action against the unauthorised construction at L-37 Block, 1st main road, Anna Nagar East, Chennai-600 102 by considering the petitioner's representation dated 18.01.2023.
For Petitioner : Mr.S.Karthikeyan For R1 : Mr.P.Sesabalan Raja for Mr.R.Sivakumar For R2 & R3 : Mr.D.B.R.Prabhu Standing Counsel
O R D E R
(Order of the Court was delivered by V.M.VELUMANI,J.) The petitioner has come out with the present Writ Petition for a direction to the respondents 1 to 3 to take necessary action against the unauthorised construction at L-37 Block, 1st main road, Anna Nagar East, Chennai-600 102 by considering the petitioner's representation dated 18.01.2023.
2. According to the petitioner, his wife is having 1/6th undivided share in the land along with plinth area and also flat in second floor. All the flats were in dilapidated condition and they have entered into joint 2/8
venture agreement with one A.P.Chelvam, S/o.Ayyanar, the 4th respondent herein and also executed power of attorney in favour 5th respondent for filing applications before the appropriate authority for obtaining license and permission for construction. The respondents 4 & 5 have put up construction in violation of approved plan and also encroached the road portion and constructed. The petitioner's wife cancelled the power of attorney. The respondents 4 & 5 have filed civil suit challenging the cancellation of power of attorney suppressing the joint venture agreement. The petitioner's wife gave several complaints to the respondents 1 to 3 as well as Commissioner of Police. The 1st respondent by letters dated 17.01.2013, 16.07.2014 and 25.07.
2020 instructed the respondents 2 & 3 to take necessary action on the complaint given by the petitioner and his wife. The petitioner filed W.P.No.11898 of 2022. As per the orders of this Court, the respondents 2 & 3 inspected the property and issued notice dated 08.06.2022 under Sections 56 & 57 of the Tamil Nadu Town and Country Planning Act, 1971. Subsequently, the respondents 4 & 5 have not taken any steps to rectify the defects. The respondents 2 & 3 also did not take any further proceedings in pursuant to the notice dated 08.06.2022 issued under Sections 56 & 57 of the Tamil Nadu Town and Country Planning Act, 1971.
petitioner has given representation dated 18.01.2023 to the respondents 2 & 3. Since no action has been taken, the petitioner has come out with the present Writ Petition.
3. Ms.Aiyshwarya K.Sivasubramanian, learned counsel appearing for the occupants namely, (1) J.Prema, (2) V.Nallendran (3) P.S.Seetharaman (4) M.K.Rajan (5) Nagesh R. (6) Muthuraman (7) Ramesh & (8) Karmegam submitted that before taking any action, the co-owners/occupants may also be given opportunity of hearing by the respondents 2 & 3 and prayed for passing suitable orders.
4. Mr.D.B.R.Prabhu, learned Standing Counsel appearing for the respondents 2 & 3 submitted that the respondents 2 & 3 will take further proceedings in pursuant to the notice dated 08.06.2022 after giving opportunity of hearing to the occupants as well as petitioner and respondents 4 & 5 and prayed for passing suitable orders.
5. Heard the learned counsel appearing for the petitioner as well as learned Standing Counsel appearing for the 1st respondent and learned Standing Counsel appearing for the respondents 2 & 3 and perused the entire materials on record.
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6. The grievance of the petitioner is that the respondents 4 & 5 contructed flats in deviation from the approved plan and even though the respondents 2 & 3 issued notice dated 08.06.2022 under Sections 56 & 57 of the Tamil Nadu Town and Country Planning Act, 1971, did not take further action.
7. From the above submissions of the learned counsel appearing for the petitioner and learned Standing Counsel appearing for the respondents 2 & 3, it is seen that the petitioner and his wife are approaching the respondents 1 to 3 from the year 2013. The respondents 2 and 3 have not taken any action on the complaint given by the petitioner and his wife. Thereafter, the 1st respondent has directed the respondents 2 & 3 to take action on the complaint given by the petitioner and his wife by letters dated 17.01.2013, 16.07.2014 and 25.07.2020. Subsequently, the respondents 2 & 3 did not take any action. Only after orders passed by this Court in W.P.No.11898 of 2022, the 3rd respondent has issued notice dated 08.06.2022 under Sections 56 & 57 of the Tamil Nadu Town and Country Plannin Act, 1971 and did not proceed further. This shows lethargic attitude of the respondents 1 to 3. 5/8
8. In view of the above, the respondents 2 & 3 are directed to inspect the property in question within seven (7) days from the date of receipt of a copy of this order after issuing notice to the petitioner, occupants of the property viz., (1) J.Prema, (2) V.Nallendran (3) P.S.Seetharaman (4) M.K.Rajan (5) Nagesh R. (6) Muthuraman (7) Ramesh & (8) Karmegam and respondents 4 & 5 and if there is any unauthorised construction, take appropriate proceedings as per the earlier notice dated 08.06.2022, within a period of four weeks and file a report before this Court on 12.06.2023.
9. With the above directions, the Writ Petition is disposed of. No costs.
Post this matter "For reporting compliance" on 12.06.2023. (V.M.V., J) (V.L.N., J) 26.04.2023 Index : Yes / No kj 6/8
To 1.Chennai Metropolitan Development Authority Represented by its Member Secretary Thalamuthu Maligai Buildings Egmore, Chennai-600 008.
2.The Commissioner Greater Chennai Corporation Chennai.
3. Zonal Executive Engineer (Zone-VIII) Door No.368, 2nd cross street Pulla Avenue Shenoy Nagar, Chennai-600 030.
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V.M.VELUMANI,J.
and V.LAKSHMINARAYANAN,J.
Kj Writ Petition No.11823 of 2023 26.04.2023 8/8