P.Thambidurai v. The Zonal Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.12.2018

CORAM

THE HON'BLE MRS.V.K.TAHILRAMANI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.14422 of 2018 P.Thambidurai .. Petitioner Vs 1 The Zonal Officer Zone-7, Ward No.83 Ambattur, Chennai - 600053.

2 The Assistant Engineer Zone-7, Ward No.83 KVK Sami Street (Inside the Urban Health Centre) Ambattur, Chennai - 600053.

3 The Assistant Engineer (O & M) Zone-7, Ward No. 83 TNEB, Annai Nagar Korattur, Chennai - 76.

4 G.Munusamy 5 B.M.Chandrasekaran 6 P.G. Elangovan 7 T.B. Rajendran .. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of Mandamus to direct respondents 1 to 3 to stop further construction and to demolish the unauthorized construction constructed by 4 to 7 respondents for their illegal act in property.

For Petitioner : Mr.J.Milton Arul Rajendran For Respondents : Mr.Arunmozhi for respondents 1 and 2 Mr.P.R.Dilipkumar for 3rd respondent Mr.L.J.Vengatesh for respondents 5 to 7 4th respondent Not ready in notice

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) The prayer of the petitioner is that directions be issued to respondent Nos.1 to 3 to stop further construction and to demolish the unauthorized construction put up by respondent Nos.4 to 7 in Survey No.59/A, Patta No.230, Siyathamman Nagar, Korattur, Chennai - 600 076.

2. The learned counsel for respondent Nos.1 and 2 has filed status report wherein it is stated that respondent Nos.5 and 7 have put up unauthorized construction and as far as the same is concerned, they have issued De-occupation Notice under Sections 56 and 57 read with Section 85 of the Tamil Nadu Town and Country Planning Act, 1971 on 31.8.2018. It is further stated in the status report that further action will be initiated against respondent Nos.5 and 7 under the provisions of the Tamil Nadu Town and Country Planning Act, 1971. In this view of the matter, no further orders are necessary in this writ petition and, accordingly, the same is closed. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar sasi To 1 The Zonal Officer Zone-7, Ward No.83 Ambattur, Chennai - 600053.

2 The Assistant Engineer Zone-7, Ward No.83 KVK Sami Street (Inside the Urban Health Centre) Ambattur, Chennai - 600053.

3 The Assistant Engineer (O & M) Zone-7, Ward No. 83 TNEB, Annai Nagar Korattur, Chennai - 76.

+3cc to Mr.J.Milton Rajendran, Advocate, S.R.No.84526 +2cc to Mr.K.Arunprasad, Advocate, S.R.No.84309 W.P.No.14422 of 2018 CP(CO) GSP(24/12/2018)