R.Kumar, v. Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:03.07.2017

CORAM:

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR. JUSTICE N.SESHASAYEE W.P.No.16526/2017 & WMP.No.17888/2017 R.Kumar .. Petitioner Vs

1. Government of Tamil Nadu rep by Secretary to Government Housing & Urban Development Department Secretariat, Chennai 600 009.

2. Greater Chennai Corporation rep by Joint Commissioner Sastri Nagar, Chennai 600 020.

3. Corporation of Chennai rep by Executive Engineer Zone XIII No.15, Dr.Muthulakshmi Salai Adyar, Chennai 600 020.

.. Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus directing the 2nd and 3rd respondents to forbear them from in any way interfering with the building put up at No.61, 15th Cross Street, Indira Nagar, Adyar, Chennai 600 020 particularly by way of locking and sealing and/or demolition of the same, pending final determination of the Appeal under section 80[A] of the Act dated 13.06.2017 by the 1st respondent in accordance with law. For Petitioner : Mr.D.S.Rajasekaran For R1 : Mrs.Vasudha Thiagarajan, AGP For RR2 & 3 : Mr.V.C.Selvasekaran

ORDER

[Order of the Court was made by M.SATHYANARAYANAN, J.] By consent, the writ petition is taken up for final disposal.

Mrs.Vasudha Thiagarajan, learned Additional Government Pleader accepts notice on behalf of the 1st respondent and Mr.V.C.Selvasekaran, learned Standing Counsel accepts notice on behalf of the respondents 2 and 3.

The petitioner, apprehending that precipitative action likely to be taken during the pendency of the appeal filed under section 80-A of the Tamil Nadu Town and Country Planning Act, 1971, came forward to file the present writ petition. It is relevant to extract the details of unauthorised construction put up by the petitioner as indicated in the impugned notice dated 22.05.2017 signed by the 3rd respondent :- Sl.N o Description As per Approval Plan As per Site Condition Remark Front Set Back 1.52 m No set back 1.52m deviation Side Set Back on South Side 1.52 m No set back 1.52m deviation Rear Set Back 1.52 m No set back 1.52m deviation Ground Floor Area 56.54 sq.m.

97.61 sq.m 41.07sq.m deviation First Floor Area 56.54 sq.m.

97.61 sq.m 41.07sq.m deviation Second Floor Area Nil 35.02 sq.m 35.02 sq.m deviation A perusal of the typed set of documents would indicate that the petitioner has already invoked the appeal remedy under section 80-A of the Tamil Nadu Town and Country Planning Act, 1971, and as per sub-section [3] of section 80-A of the Act, "the Government may pass such interim order, as they may deem fit by the exercise of powers in sub-section [1] in respect thereof."

In the light of the said effective alternate remedy available, this Court is of the view that the writ petition is not maintainable for the present. Accordingly, the writ petition stands dismissed as not maintainable. However, the petitioner is at liberty to pursue the appeal remedy before the 1st respondent.

Consequently, the connected miscellaneous petition is also dismissed.

s/d- Assistant Registrar(CS VI) True Copy Sub-Assistant Registrar ap

To

1. The Secretary to Government Government of Tamil Nadu Housing & Urban Development Department Secretariat, Chennai 600 009.

2. The Joint Commissioner Greater Chennai Corporation Sastri Nagar, Chennai 600 020.

3. The Executive Engineer Corporation of Chennai Zone XIII No.15, Dr.Muthulakshmi Salai Adyar, Chennai 600 020.

+1 CC to Mr.D. Rajasekaran, Advocate sr 45973 +1 CC to The Govt. Pleader sr 46582 WP.No.16526/2017 BR(CO) sp(19/07/2017)