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Madras High CourtWP/13000/2020disposed of

S.V.M.Abdul Salam v. Chennai Metropolitan Development

2020-09-22Honourable Mr Justice M.M.Sundresh,Honourable Mrs Justice R. Hemalatha3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.09.2020

CORAM

THE HON'BLE MR.JUSTICE M.M.SUNDRESH and THE HON'BLE MRS.JUSTICE R.HEMALATHA W.P.No.13000 of 2020 and W.M.P.No.16087 of 2020 1.S.V.M.Abdul Salam 2.S.A.Yousuff Ali 3.Fathima Haseena 4.Haja Abdul Kasim 5.Rahmat Noorul Arubaa (Minor rep.by mother and natural guardian Fathima Haseena, wife of Noorul Amin) 6.Raghuma Beevi ... Petitioners Vs.

1.Chennai Metropolitan Development Authority, rep.by its Member Secretary, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008 2.Government of Tamil Nadu, rep.by its Secretary, Housing and Urban Development Department, Fort St.George, Chennai-600 009 ... Respondents Petition under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents to forthwith remove the lock and seal affixed on 09.07.2019 in the petitioners property situated at New No.141, Old No.70, Thambu Chetty Street, Chennai-600 001, so as to enable the petitioners to rectify and restore the said premises in conformity with the sanctioned plan on the basis of the petitioners representation 26.08.2020.

For Petitioners ..

Mr.L.Chandrakumar For Respondents ..

Mr.Karthik Rajan for R1 Ms.R.J.Radhika, Govt. Advocate for R2

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) The petitioners pray for removal of lock and seal affixed on 09.07.2019 to bring it in tune with the approved plan.

2. Learned counsel appearing for the first respondent submitted that if the petitioners bring the deviation within the plan approved, then this Court can consider granting sufficient time.

3. Learned counsel appearing for the petitioners seeks two months time for doing so.

4. Considering the above, the first respondent is directed to remove the lock and seal affixed on 09.07.2019 within a period of two weeks from the date of receipt of a copy of this order so as to enable the petitioners to remove that part of the construction, which is not in conformity with the approved plan. The petitioners would be given a period of eight weeks from the date of de-sealing to undertake the said exercise. Needless to state that if the petitioners do not carry out the directions as stated above, the first respondent shall seal the premises in question once again.

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

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar mmi/ssm

To 1.The Member Secretary, Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008.

2.The Secretary, Government of Tamil Nadu, Housing and Urban Development Department, Fort St.George, Chennai-600 009.

+1cc to Mr.L.Chandra Kumar, Advocate SR.30939 W.P.No.13000 of 2020 AR-III(CO) CB(29/09/2020)