Rajkumar Ostwal v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.08.2020

CORAM

THE HON'BLE MR.JUSTICE M.M.SUNDRESH and THE HON'BLE MRS.JUSTICE R.HEMALATHA W.P.No.11739 of 2020 & W.M.P.No. 14431 of 2020 1.Rajkumar Ostwal 2.Arunkumar Jain .. Petitioners vs

1. The Commissioner, Greater Chennai Corporation, Rippon Buildings, Chennai-03

2. The Executive Engineer Greater Chennai Corporation, Zone-V, No.61, Basin Bridge Road, Chennai-21.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus respondents to forthwith remove the lock and seal affixed on 13.01.2020 in the petitioners property situated at No.273/ 127 Govindappa Naicken Street, Chennai- 600079 comprised in Old Survey No.3013 and New R.S. No.11020 Block No.88 of VOC Nagar Village so as to enable the petitioners to rectify and restore the said premises in conformity with the sanctioned plan on the basis of the petitioners representation dated 14.08.2020.

For Petitioners .. Mr.L.Chandrakumar For Respondents .. Mr.K.Raja Srinivas

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) The petitioners pray removal of lock and seal affixed on 13.01.2020 to bring it in tune with the approved plan. https://hcservices.ecourts.gov.in/hcservices/

2. Learned counsel appearing for the respondents submitted that if the petitioners bring the deviation within the plan approved, then this Court can consider granting sufficient time.

3. Learned counsel appearing for the petitioners seek two months time for doing so.

4. Considering the above, the respondents are directed to remove the lock and seal affixed on 13.01.2020 within a period of two weeks from the date of receipt of a copy of this order so as to enable the petitioners to remove that part of the construction, which is not in conformity with the approved plan. The petitioners would be given a period of eight weeks from the date of de-sealing to undertake the said exercise. Needless to state that if the petitioners do not carry out the directions as stated above, the respondents shall seal the premises in question once again.

5. With the above directions, the writ petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Commissioner, Greater Chennai Corporation, Rippon Buildings, Chennai-03

2. The Executive Engineer Greater Chennai Corporation, Zone-V, No.61, Basin Bridge Road, Chennai-21.

+1cc to Mr.L.Chandrakumar, Advocate Sr.No.28383 +1cc to Mr.K.Raja Srinivas, Advocate Sr.No.28276 W.P.No. 11739 of 2020 rsv (co) rr ii (09/09/2020) https://hcservices.ecourts.gov.in/hcservices/