C.Harini, v. The Corporation Of Chennai,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated:12.01.2018 Coram THE HONOURABLE Mr. JUSTICE M.VENUGOPAL AND THE HONOURABLE Mr. JUSTICE S.VAIDYANATHAN W.P.No.28739 of 2017 and W.M.P.No.30920 of 2017 C.Harini .. Petitioner Vs.

1.The Corporation of Chennai, represented by its Commissioner, Rippon Buildings, E.V.R. Salai, Chennai - 600 003.

2.The Executive Engineer, Zone - 5, Corporation of Chennai, Basin Bridge Road, Chennai - 600 079.

3.The Assistant Engineer, W.No.54, Zone - 5, Corporation of Chennai, Walltax Road, Chennai - 600 079.

4.The Chennai Metropolitan Development Authority represented by its Member Secretary, Thalamuthu Natarajan Maaligai, No.8, Gandhi Irwin Road, Egmore, Chennai - 600 008.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus calling for the records of the 2nd respondent in his impugned de-occupation notice under Section 56(2)(A) and 57 read with Section 85 of the Tamil Nadu Town and Country Planning Act, 1971 (as amended by

Act 61 of 2008) in Letter No.05/03492/2017 dated 07.08.2017 and quash the same and direct the respondents not to take any action to de-occupy or lock and seal the petitioner building premises at New No.32/3, Old.No.66, Krishnappa Tank Street, Kondithope, Chennai - 600 079, in which the petitioner resides. For Petitioner : Mr.B.Ullasavelan For M/s.Ganesh and Ganesh For RR 1 to 3 : Mr.A.Nagarajan For 4th Respondent : Mr.C.Johnson

O R D E R

[Order of the Court was made by M.VENUGOPAL, J.] Heard both sides.

2.It appears that the 2nd Respondent/Executive Engineer, Greater Chennai Corporation has filed a Status Report dated 03.01.2018 before this Court, wherein at paragraphs 4 and 5, it seen that as per the direction issued by this Court, the 2nd Respondent along with the 3rd Respondent had inspected the premises at New No.32/3, Old No.66, Krishnappa Tank Street, Kondithope, Chennai, on 22.12.2017 and it came to light that the Petitioner had restored the ground floor portion at the aforestated address, as a parking area, as per the approved plan by vacating the shop in the ground floor.

3.In view of the foregoings, this Court holds that nothing

survives for adjudication in the present Writ Petition. 4.Accordingly, the Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. (M.V., J.) (S.V.N., J.) 12.01.2018 Index :Yes / No Internet :Yes / No Sgl To 1.The Corporation of Chennai, The Commissioner, Rippon Buildings, E.V.R. Salai, Chennai - 600 003.

2.The Executive Engineer, Zone - 5, Corporation of Chennai, Basin Bridge Road, Chennai - 600 079.

3.The Assistant Engineer, W.No.54, Zone - 5, Corporation of Chennai, Walltax Road, Chennai - 600 079.

4.The Member Secretary, The Chennai Metropolitan Development Authority Thalamuthu Natarajan Maaligai, No.8, Gandhi Irwin Road, Egmore, Chennai - 600 008.

M.VENUGOPAL, J.

and S.VAIDYANATHAN, J.

Sgl W.P.No.28739 of 2017 12.01.2018