D.Shankar 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.11725 of 2020 & W.M.P.No. 14413 of 2020 1.D.Shankar 2.D.Dharmalingam 3.D.Dhanapal .. Petitioners vs 1.The Commissioner Greater Chennai Corporation, Ripon Buildings, Chennai-03 2.The Executive Engineer, Greater Chennai Corporation, Zone-V No.61 Basin Bridge Road, Chennai-21.

.. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the respondents to forthwith remove the lock and seal affixed on 23.09.2019 in the petitioners premises situated at No.157,P.V.Koil Street, Royapuram, Chennai-600013 so as to enable the petitioners to rectify and restore the said premises in conformity with the regulations of the Corporation of Chennai so as to bring the building within the permissible limits as required under law on the basis of the petitioners representation dated 13.08.2020.

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

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) This writ petition has been filed by the petitioners seeking a direction to the respondents to remove the lock and seal affixed on 23.09.2019 for the purpose of removing the

unauthorized construction and bring it under the plan, which is yet to be filed and approved.

2. Learned counsel appearing for the respondents submitted that the plan is yet to be filed.

3. Learned counsel appearing for the petitioners submitted that the application seeking approval of the revised plan will be made within a period of three weeks from the date of receipt of a copy of this order. On such application being considered and approved and permission being granted, the premises can be de-sealed.

4. Considering the above, the petitioners are given three weeks from the date of receipt of a copy of this order to make an application revising the earlier plan, if any given. Once such an application is accepted and permission is given by approving the plan, the premises in question will have to be desealed within a period of six weeks so as to enable the petitioners to carry out the demolition in tune with the plan to be approved. After the said period, the official respondents shall make an inspection and satisfy that the demolition has been carried out in accordance with the revised plan to be approved.

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

s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar mmi/ssm 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.

+1 CC to Mr.L.Chandrakumar, Advocate sr 28384. +1 CC to Mr.K.Raja Srinivas, Advocate sr 28277 W.P.No. 11725 of 2020 SSV(CO) SP(09/09/2020)