M.Mohamed Muddhija v. The Member Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.03.2025

CORAM

THE HON'BLE MR. JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR. JUSTICE K. RAJASEKAR Writ Petition No.12970 of 2024 and Writ Miscellaneous Petition No.14129 of 2024 M.Mohamed Muddhija ... Petitioner Vs.

1.The Member Secretary, Chennai Metropolitan Development Corporation, Thalamuthu Natarajan Building, Chennai.

2.The Commissioner, Corporation of Chennai, Rippon Building, Chennai - 600 003.

3.The Executive Engineer, Zone-6, Greater Chennai Corporation, No.158, Strahans Road, Opposite Mahalakshmi Theatre, Pattalam, Purasaiwakkam, Chennai - 600 012.

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4.Jainalubbudin ... Respondents Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to direct the respondents 1 to 3 to lock and seal the unauthorized and illegal construction in the property admeasuring to an extent of 3546 sq.ft comprised in R.S.No.179/1 situated at Door No.48, Mannarsami Koil Street, Puliyanthope, Perambur Village, Purasaiwakkam Taluk, Chennai - 600 012 and grant such other relief deem fit and proper under the circumstances of the case.

For Petitioner : Mr.R.Dilli Kumar For R1 : Mr.R.Sivakumar, Standing Counsel for CMDA For RR2 & 3 : Mr.D.B.R.Prabhu, Standing Counsel for Greater Chennai Corporation For R4 : Mr.Rahul Jaganathan

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM,J.) The writ of Mandamus has been instituted to direct the respondents 1 to 3 to lock and seal of the unauthorized illegal construction in the property admeasuring to an extent of 3546 sq.ft comprised in R.S.No.179/1 situated at Door No.48, Mannarsami Koil Street, Puliyanthope, Perambur Village, Purasaiwakkam Taluk, Chennai - 600 012 and grant such other relief deem fit 2/6

and proper under the circumstances of the case.

2. With reference to the complaint submitted by the petitioner, this Court directed the 3rd respondent -Greater Chennai Corporation to conduct field inspection, survey and submit a status report. Accordingly, the Assistant Engineer, Zone - VI, Greater Chennai Corporation filed a status report, which reveals that the unauthorized constructions/deviations are identified by the authorities, during the course of inspection. In para No.7 of the status report, the Assistant Engineer has stated that after inspecting the building in question, action has been taken by issuing a lock and seal order dated 21.03.2025 under Section 56(2-A) / 57(4) of Tamil Nadu Town and Country Planning Act, 1971 to the petitioner as well as to the fourth respondent.

3. Since, the enforcement action has already been initiated, the respondents 2 and 3 are directed to continue the actions by following the due procedures and remove the unauthorized constructions as expeditiously as possible, preferably within a period of eight (8) weeks from the date of receipt of a copy of this order.

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4. Accordingly, the writ petition stands disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petition also stands closed.

(S.M.S., J.) (K.R.S., J.) 27.03.2025 ssi Index: Yes Speaking Order: Yes/No 4/6

To:

1.The Member Secretary, Chennai Metropolitan Development Corporation, Thalamuthu Natarajan Building, Chennai.

2.The Commissioner, Corporation of Chennai, Rippon Building, Chennai - 600 003.

3.The Executive Engineer, Zone-6, Greater Chennai Corporation, No.158, Strahans Road, Opposite Mahalakshmi Theatre, Pattalam, Purasaiwakkam, Chennai - 600 012.

S. M. SUBRAMANIAM., J.

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AND K. RAJASEKAR., J.

ssi W.P.No.12970 of 2024 and W.M.P.No.14129 of 2024 27.03.2025 6/6