N.Padmanaban v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25-03-2025
CORAM
THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR
1. N.Padmanaban S/o Mr. Nataraja Pillai No 12/6, First Street Achuthan Nagar, Ekkaduthangal Chennai 600 032 Petitioner(s) Vs
1. The Government Of Tamilnadu Represented By Its Secretary, Housing And Urban Development Department Secretariat, Fort St. George Chennai 600 009 2.Chennai Metropolitan Development Authority Represented By Its Member Secretary, Thalamuthu Natarajan Buildings, No 1 Gandhi Irwin Road, Egmore, Chennai 600 008 3.The Commissioner
Greater Chennai Corproation Ripon Buildings, Chennai 600 003 4.Lakshmi Jagan D/o Late.S.S. Rajendran Old No 45, New No 103 Eldams Road, Teynampet Chennai 600 018 Respondent(s) PRAYER Directing the official Respondents 1 to 3 to take enforcement action against 4 th Respondent by locking and sealing both the buildings at Old No 45, New No 103, Eldams Road, Teynampet, Chennai 600 018, and further action as contemplated under the Tamil Nadu Town and country planning Act, 1971 and Development Regulations made thereunder, within a time frame and to pass For Petitioner(s):
C.Johnson For Respondent(s):
Mr.G.Ameedius Government Advocate For R1 Mr. R.Sivakumar Standing Counsel for CMDA For R2 Mr. M.Suresh Kumar AAG Asst By Mr.D.B.R.Prabhu Standing Counsel for GCC R3 Mr. M.Jaikumar For R4 Mr. T.Mohan Senior Counsel (Amicus Curiae)
ORDER
(Order of the Court was made by S.M.Subramaniam J.) Mr.M.Suresh Kumar, learned Additional Advocate General would submit that the 4 th respondent has submitted an application for demolition and reconstruction on 02.09.2024. The Corporation has initiated proceedings for the execution of a gift deed for road widening, which the 4 th respondent agreed to and subsequently executed on 12.02.2025, in favour of the Corporation. 2.
In view of this development, the learned Additional Advocate General submits that on granting approval for demolition and reconstruction, the 4 th respondent will demolish the unauthorized construction himself. The Corporation authorities shall monitor the progress and ensure that the unauthorized construction on the subject property is demolished in its entirety. 3.
Accordingly, the Writ Petition stands disposed of. No costs. Consequently, the connected Miscellaneous Petitions, if any, are closed. (S.M.SUBRAMANIAM J.)(K.RAJASEKAR J.) 25-03-2025 gd Index:Yes/No Speaking/Non-speaking order Internet:Yes
To 1.The Government Of Tamilnadu Represented By Its Secretary, Housing And Urban Development Department Secretariat, Fort St. George Chennai 600 009 2.Chennai Metropolitan Development Authority Represented By Its Member Secretary, Thalamuthu Natarajan Buildings No 1 Gandhi Irwin Road Egmore Chennai 600 008 3.The Commissioner Greater Chennai Corproation Ripon Buildings, Chennai 600 003 4.Lakshmi Jagan D/o Late.S.S. Rajendran Old No 45, New No 103 Eldams Road, Teynampet Chennai 600 018
S.M.SUBRAMANIAM J.
AND K.RAJASEKAR J.
gd 25-03-2025