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Madras High CourtWP/14441/2024disposed of

S.Sridhar v. The Commissioner

2024-05-29Honourable Mr Justice J.Sathya Narayana Prasad,Honourable Mr Justice V. Lakshminarayanan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.05.2024 CORAM :

THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD and THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN W.P.No.14441 of 2024 S.Sridhar S/o.Sriraman .. Petitioner vs 1.

The Commissioner, Chennai Metro Corporation Office, No.1131, EVR Periyar Road, Ribbon Building, Park Town, Chennai - 600 003.

2.

The Zonal Officer, Greater Chennai Metro Corporation Office, Zone - VI, No.158, Strans Road, Pattalam, Chennai - 600 012.

3.

The Assistant Engineer (A.E.), Greater Chennai Metro Corporation Office, Ward - 70, Raja Street, Perambur, Chennai - 600 011.

4.

Mohammed Ismail ... Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents 1 to 3 to take proper legal action on unauthorised house construction by the 4th respondent within the jurisdiction of Chennai Metro Corporation, Perambur Constitution, Ward No.70, Zonal No.6, No.5 (3/B), Chinnakulandai Street, Joint Chockalingam Street, Maduvu Managar, Chennai - 600 011. For Petitioner :

Mr.T.V.G.Kartheeban For Respondents :

Mr.D.B.R.Prabhu Standing Counsel for R1 to R3

O R D E R

(Order of the Court was made by J.SATHYA NARAYANA PRASAD, J.) Mr.D.B.R.Prabhu, learned Standing Counsel accepts notice for the respondents 1 to 3.

2. This writ petition is filed to direct the respondents 1 to 3 to take proper legal action on unauthorised house construction by the 4th respondent within the jurisdiction of Chennai Metro Corporation, Perambur Constitution, Ward No.70, Zonal No.6, No.5 (3/B), Chinnakulandai Street, Joint Chockalingam Street, Maduvu Managar, Chennai - 600 011.

3. The learned Standing Counsel appearing for the respondents 1 to 3 - Corporation submitted that the third respondent herein has already issued Stop Work Notice on 29.04.2024 under Section 56(1) and 57 read with Section 85 of the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972 as amended by Act 61 of 2008). Learned Standing Counsel further submitted that further action would be taken in accordance with law.

4. In view of the submission made by the learned Standing Counsel appearing for respondents 1 to 3, this Writ Petition stands disposed of. There shall be no order as to costs.

[J.S.N.P.,J] [V.L.N., J] 29.05.2024 Index:Yes/No Speaking / Non-Speaking ms/mk

To 1.

The Commissioner, Chennai Metro Corporation Office, No.1131, EVR Periyar Road, Ribbon Building, Park Town, Chennai - 600 003.

2.

The Zonal Officer, Greater Chennai Metro Corporation Office, Zone - VI, No.158, Strans Road, Pattalam, Chennai - 600 012.

3.

The Assistant Engineer (A.E.), Greater Chennai Metro Corporation Office, Ward - 70, Raja Street, Perambur, Chennai - 600 011.

J.SATHYA NARAYANA PRASAD., J and V.LAKSHMINARAYANAN., J ms/mk W.P.No.14441 of 2024 29.05.2024