P.Prakash, v. The Executive Engineer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.11.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P.No.479 of 2012 and M.P.No.1 of 2012 1.P.Prakash 2.P.Prasad .. Petitioners -vsThe Executive Engineer, Corporation of Chennai, Zonal Office - VIII, No.74, N.S.K. Salai, Kodambakkam, Chennai-600 024.

.. Respondent Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus calling for the records of the respondent in Letter No.U.22(A) C.No.949/2011 dated 21.09.2011, quash the same and consequently direct the respondent to issue a proper notice under Section 56 of the Tamil Nadu Town and Country Planing Act, 1971 for the petitioners to comply with as per Section 56(3) of the Act. For Petitioner :

Mr.K.Ravindranath For Respondents :

Mr.C.Ravichandran * * * * *

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) The lock and seal notice was issued by the respondent on account of the failure of the petitioners to produce the sanctioned plan. In the course of the proceedings, the learned counsel for the petitioners submitted that admittedly the sanctioned plan is only for ground and first floor and thus the temporary shed stated to have been put in the second floor shall be removed. This Court issued a direction that the temporary shed would be removed on the second floor.

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2. The learned counsel for the respondent states that let the petitioners file a sanctioned plan within fifteen days from today and that would put an end to the controversy. If there is any excess construction, naturally, the respondent authority is free to take action in accordance with law.

3. We have made the learned counsel for the petitioners conscious of the fact that if still the second floor is existing, then the petitioners are in breach of the directions of this Court and they should be remove the same within two weeks from today.

4. The writ petition, accordingly, stands disposed of. No costs. Consequently, M.P.No.1 of 2012 is closed. Sd/- Asst.Registrar (CS VI ) /true copy/ Sub Asst. Registrar To The Executive Engineer, Corporation of Chennai, Zonal Office - VIII, No.74, N.S.K. Salai, Kodambakkam, Chennai-600 024.

+1 cc to Dr.Ravichandran,advocate,sr.65330 +1 cc to Mr.K.Ravindranath,advocate,sr.65305. sv(co) krd 30/11 W.P.No.479 of 2012 https://hcservices.ecourts.gov.in/hcservices/