Tmt. Shanthi Meenakshi, v. The Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.11.2016 CORAM :
The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P.No.29259 of 2011 and M.P.Nos.1 and 2 of 2011 Shanthi Meenakshi, Director, Sri Meenakshi Real Estate (P) Ltd., 73, Ranganathan Street, T.Nagar, Chennai-600 017.
.. Petitioner -vs1.The Commissioner, Corporation of Chennai, Ribbon Buildings, Chennai-600 003.
2.The Member Secretary, Chennai Metropolitan Development Authority, 1, Gandhi Irwin Road, Chennai-600 008.
3.The Zonal Officer, Corporation of Chennai, Zone VIII, No.64, N.S.K.Salai, Kodambakkam, Chennai-600 024.
4.The Executive Engineer VIII, Corporation of Chennai, Zone VIII, No.64, N.S.K.Salai, Kodambakkam, Chennai-600 024.
.. Respondents
Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus to call for the Locking and Sealing Notice dated 21.09.2011 in Letter No. Notice U22A.C.No.940/2011 issued by the 4th respondent and quash the same and consequently directing the 3rd and 4th respondents to remove the seal and open the lock made by them on 31.10.2011 in the premises at No.73, Rangnathan Street, T.Nagar, Chennai-600 017 with direction to the respondents to pay the punitive damages for their illegal act of locking the ground floor which was constructed in accordance with approved plan. For Petitioner :
Mr.K.Rajasekaran For Respondents :
Mr.R.Arunmozhi for R1,3&4 Mr.N.Sampath for R2
ORDER
(Order of the Court was made by The Hon'ble Chief Justice) On hearing the learned counsel for parties, the following agreed order is passed:- (1)The appeal filed by the petitioner under Section 80A of the Tamil Nadu Town and Country Planning Act, 1971 stands withdrawn.
(2)The locking and sealing notice dated 21.9.2011 issued by the Corporation of Chennai stands withdrawn.
(3)In compliance of the notice dated 14.09.2011 calling for the approved plan of the building, the petitioner will furnish the approved plan within a week from today.
(4)On the aforesaid being furnished, the respondents will proceed in accordance with law and pass fresh orders within a maximum period of two months of the expiry of the aforesaid time.
2. The writ petition, accordingly, stands disposed of, leaving the parties to bear their own costs. Consequently, M.P.Nos.1 and 2 of 2011 are closed.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar
bbr To 1.The Commissioner, Corporation of Chennai, Ribbon Buildings, Chennai-600 003.
2.The Member Secretary, Chennai Metropolitan Development Authority, 1, Gandhi Irwin Road, Chennai-600 008.
3.The Zonal Officer, Corporation of Chennai, Zone VIII, No.64, N.S.K.Salai, Kodambakkam, Chennai-600 024.
4.The Executive Engineer VIII, Corporation of Chennai, Zone VIII, No.64, N.S.K.Salai, Kodambakkam, Chennai-600 024.
+1cc to Mr.N. Sampath Advocate, S.R.No.61797 +1cc to Mr.R. Arunmozhi, Advocate, S.R.No.61827 +1cc to the Government Pleader, S.R.No.62188 scd (CO) md (9/11/2016) W.P.No.29259 of 2011