N.Nagoor Beevi v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.07.2019 CORAM :

The Hon'ble Mrs.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE M.DURAISWAMY W.P. No.13857 of 2019 N.Nagoor Beevi .. Petitioner -vs1.The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai 600 003.

2.The Assistant Executive Engineer, Corporation of Chennai, Ward No.63, Zone-14, Division-5, Veerapathran St., Komaleeswaranpet, Chennai 600 002.

3.G.Sankari Ammal 4.M/s.Elegant Builders and Developers, Rep. by Mr.Abdul Malik.

42,Sindhur Plaza, II Floor, Monteith Road, Egmore,Chennai 08.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct respondents 1 and 2 to take action on the unlawful and unauthorized construction being constructed by respondents 3 and 4 in R.S.No.1081, situated at Block No.43, Egmore Division/Village, Formerly Egmore-Nungambakkam Taluk, presently Egmore Taluk, Chennai District.

For Petitioner :

Mr.V.Chakkarapani For Respondents :

Mr.V.C.Selvasekaran Stdg. Counsel for RR 1 and 2 :

Not ready in notice reg. R-3 :

Mr.S.Santhan for R-4 * * * * * https://hcservices.ecourts.gov.in/hcservices/

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) Heard the learned counsel for the petitioner and Mr.V.C.Selvasekaran, learned Standing Counsel, who takes notice for respondent nos.1 and 2 and Mr.S.Santhan, learned counsel appearing for respondent no.4.

2.The petitioner is seeking direction to respondents 1 and 2 to take action in relation to the unauthorised construction being put up by respondent nos.3 and 4 in R.S.No.1081, situated at Block No.53, Egmore Division/Village, Formerly Egmore-Nungambakkam Taluk, presently Egmore Taluk, Chennai District.

3.The learned Standing Counsel for the respondents/Corporation brought to our notice that lock and seal and demolition notice dated 24.06.2019 has been issued under Section 57 read with 85 of the Tamil Nadu Town and Country Planning Act, 1971, to the fourth respondent and others in relation to the said unauthorised construction. Respondent no.4 has also filed an appeal under Section 80-A of the said Act against the said notice, which is pending. Thus, it is seen that the authorities are taking action in relation to the said unauthorised construction. Thus, no further orders are necessary at this stage. The writ petition is, accordingly, disposed of. No costs. Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar sra To 1.The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai 600 003.

2.The Assistant Executive Engineer, Corporation of Chennai, Ward No.63, Zone-14, Division-5, Veerapathran St., Komaleeswaranpet, Chennai 600 002.

W.P.No.13857 of 2019 A.SK(27/08/2019) https://hcservices.ecourts.gov.in/hcservices/