Kavitha v. The Secretary To The Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.09.2024 CORAM :
THE HON'BLE MR.D.KRISHNAKUMAR, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.B.BALAJI Kavitha ..
Petitioner Vs.
1. The Secretary to Government Housing & Urban Development Department Fort St. George, Chennai 600 009.
2. The Commissioner Greater Chennai Corporation, Ripon Building Chennai 600 001.
3. The Executive Engineer, Zone VIII The Greater Chennai Corporation Chennai 600 001.
4. The Tahsildar Aminjikarai Taluk Chennai 600 030.
5. D.Rajasekaran ..
Respondents [R5 impleaded vide order dated 05.09.2024 in WMP No.18690/24]
Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of Certiorarified Mandamus to call for the records of the order locking and sealing notice dated 07.05.2024 vide show cause notice: Z.O.8.C.No./2627/2022 issued by the 3rd respondent herein under the Town and Country Planning Act, 1971 pertaining to the subject property situated at No.10, Thangam Colony, 1st Street, Anna Nagar West, Chennai 600 040 and consequently, forbear all further proceedings of the respondents from initiating any coercive action of locking and sealing for the subject property.
For the Petitioner : Mr.A.M.Volga For the Respondents : Mr.A.Edwin Prabakar State Government Pleader
ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice) The petitioner challenges the lock and seal notice and consequently, to forbear the respondents from initiating any coercive action.
2. The third respondent has filed a counter affidavit, wherein, it is stated that the respondent Corporation had issued Stop Work
Notice calling for the approved plan on 11.11.2020 and only thereafter, issued the locking and sealing and demolition notice on 08.07.2021 in respect of ground + 2 floors building with the following deviation:
Sl No Description As per plan As on site Deviated/ Unauthorised Ground Floor & Car Parking 136.73 181.42 44.69 m2 First Floor 141.83 181.42 39.59 m2 Second Floor 99.89 181.42 81.53 m2 Terrace Floor 9.00 14.22 5.22 m2
3. It is further stated in the counter affidavit that the said notice was challenged by the petitioner in W.P.No.476 of 2022 and the same was disposed of by order dated 12.01.2022 as under: "7. Considering the prayer sought for in the writ petition and the submissions of learned counsels appearing on either side, this Court, without expressing any opinion on the merits of the matter, directs the first respondent to dispose of the appeal preferred by the petitioner within a period of six months. Till such time, the respondents shall not take any coercive action."
4. Pursuant to the above order, the Additional Secretary to Government, Housing and Urban Development Department, after conducting personal hearing on 24.03.2022, passed an order dated 08.04.2022, which reads as under:
"The Appellant and her Counsel has attended the hearing. The officials of Chennai Metropolitan Development Authority and Greater Chennai Corporation were present during the hearing. The Appellant and her Counsel have informed that the Appellant is willing to rectify violation as per existing rules.
The Government after careful consideration hereby grant 3 months time to the Appellant to rectify the violation of the subject building and to submit the revised planning permission to the Greater Chennai Corporation. The Principal Secretary/ Commissioner, Greater Chennai Corporation is directed to pursue necessary action accordingly and to send the report to the Government at the end of aforesaid 3 months period."
5. The petitioner has not chosen to aver about the earlier writ
petition before this Court as well as the above proceedings nor filed an appeal before the authority concerned challenging the said proceedings.
6. In such circumstances, we are not inclined to entertain this writ petition on the ground of non-disclosure of the fact and since the plan is pending before the planning authority, we are not granting any protection to the petitioner. Accordingly, the writ petition is dismissed. There shall be no order as to costs. Consequently, W.M.P.Nos.15142 and 15143 of 2024 are also dismissed.
(D.K.K., ACJ.) (P.B.B., J.) 05.09.2024 Index :
Yes/No Yes/No kpl To
1. The Secretary to Government
Housing & Urban Development Department Fort St. George, Chennai 600 009.
2. The Commissioner Greater Chennai Corporation, Ripon Building Chennai 600 001.
3. The Executive Engineer, Zone VIII The Greater Chennai Corporation Chennai 600 001.
4. The Tahsildar Aminjikarai Taluk Chennai 600 030.
D.KRISHNAKUMAR, ACJ, AND P.B.BALAJI ,J.
(kpl) 05.09.2024