Daularam v. Government Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.06.2021

CORAM

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN AND THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI W.P. No. 13053 of 2021 Daularam ..Petitioner Vs.

1.

Government of Tamil Nadu, rep. by its Secretary to Government, Housing & Urban DevelopmentDepartment, Secretariat, Chennai - 600 009.

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

The Executive Engineer, Greater Chennai Corporation, Zone-IV, Unit 10, Division -041,

266. Thiruvottiyur High Road, Korukkupet, Old Washermanpet, Chennai - 600 021.

..Respondents Prayer:

Petition under Article 226 of the Constitution of India praying for issue of a Writ of Mandamus to direct the 2nd and 3rd respondents to de-seal and remove the lock and seal affixed on 28.12.2020 in the premises at Door No.16, Drivers Colony, Korukkupet, Chennai-600 021 so as to enable the petitioner to carry out rectification of the residential builidng to bring the same in conformity to the applicable development regulations and to the satisfaction of the 3rd respondent within a reasonable time and report the same to the 3rd respondent based on the petitioners representation dated 10.06.2021.

For Petitioner :

Mr.L. Chandrakumar For Respondents :

Mrs.R.Anitha Govt.Counsel for R1 Mr.Raja Srinivas for R2 and R3

O R D E R

(Order of the Court was made by N.KIRUBAKARAN,J.) The petitioner has come before this Court seeking a direction to the 2nd and 3rd respondents to de-seal and remove the lock and seal fixed on 28.12.2020 on the premises bearing Door No.16, Driver's Colony, Korukkupet, Chennai - 600 021 so as to enable him to carry out the rectification of the residential building in conformity with the Rules and Regulations. The petitioner is the owner of the property bearing Door No. 16, Driver's Colony, Korukkupet, Chennai -600 021 to an extent of 80 sq.m. and he had put up construction in the said property about 10 years ago. The property was assessed to tax and water supply as well as electricity connection have been given.

When the petitioner has been in possession and enjoyment of the property, the 3rd respondent issued lock and seal and demolition notice dated 23.07.2019 under Section 57 r/w Section 85 of Tamil Nadu Town and Country Plannint Act, 1971 alleging that the building is an ongoing construction and action will be taken under sub-section 4 of Section 57 of the said Act. Though the petitioner had originally filed an appeal under Section 80(A) of the said Act and that the same would be withdrawn by the petitioner soon, the learned counsel for the petitioner requested that the respondents may de-seal the premises so that rectification could be done to bring the superstructure in conformity with the Rules and Regulations. In this regard, the petitioner has given a representation on 10.06.2021.

Since the same has not been considered, the present writ petition has been filed.

4.

Heard Mr.L.Chandrakumar, learned counsel for the petitioner, Mrs.R.Anitha, learned Government Counsel for the 1st respondent and Mr.Raja Srinivas, learned Standing Counsel for the 2nd and 3rd respondents, who would submit that there is no question of any rectification being done in the building and it would be applicable only in case there is an approved plan. But, no such approved plan has been obtained by the petitioner before constructing the building.

5.

Taking into consideration that the petitioner's building has been sealed on 28.12.2020, this Court only directs the 3rd respondent to de-seal the premises till 30.09.2021 so as to enable the petitioner to apply for planning permission and thereafter, carry out rectification work. The respondent Corporation shall de-seal the premises within a week from the date of receipt of a copy of this order so as to enable the petitioner to apply for planning permission and the rectification work has to be done on or before 30.09.2021

failing which on 01.10.2021, the respondent Corporation is at liberty to seal the premises.

6.

The writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar nv To 1.

The Secretary to Government, Housing & Urban Development Department, Secretariat, Chennai - 600 009.

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

The Executive Engineer, Greater Chennai Corporation, Zone-IV, Unit 10, Division -041,

266. Thiruvottiyur High Road, Korukkupet, Old Washermanpet, Chennai - 600 021.

+1cc to Mr.L.Chandrakumar, Advocate, S.R.No.28910 +1cc to the Government Pleader, S.R.No.29366 W.P. No. 13053 of 2021 PL(CO) RGA(22/07/2021)