Vaibhav Daga v. The Assistant Executive

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:5/11/2015 C O R A M THE HON'BLE Mr.JUSTICE T.S.SIVAGNANAM W.P.No.33062 of 2015 a n d M.P.No.1 of 2015

1. Vaibhav Daga

2. Balamurali

...Petitioners

Vs

1. The Assistant Executive Engineer (Town Planning) Zone 8

2. The Authorised Officer (Plan/Approval/Demolishment) Zone 5

3. Sriram Builder rep. By its Director No.44 Thambiah Road West Mambalam Chennai 33.

4. Perummal.

...Respondents

Prayer :-Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the second respondent to implement the order passed by the first respondent dated 24/8/2009, so as to demolish building situated at No.11 Hanumar Koil Street, West Mambalam, Chennai 33 by considering the petitioner's representation dated 28/9/2015. For petitioner ...

Mr.J.Arockia Selvaraj For respondents ...

Mr.P.V.Selvakumar for R.R.1 and 2.

O R D E R

With the consent of the learned counsel for the petitioner and Mr.P.V.Selvakumar, learned counsel appearing for the first and second respondents, the writ petition is taken up for final disposal.

2. This writ petition is filed praying to direct the second respondent to implement the order passed by the first respondent dated 24/8/2009, so as to demolish building situated at No.11 Hanumar Koil Street, West Mambalam, Chennai 33 by considering the petitioner's representation dated 28/9/2015. 3.

When the matter is taken up for hearing, Mr.P.V.Selvakumar, learned counsel appearing for the first and second respondents filed an inspection report stating that he inspected the site in question on 2nd November 2015 and found that the building in question has already been demolished.

4. The learned counsel appearing for the petitioner produced a photograph to show that there is a temporary structure built in the corner of building in question, which is yet to be removed .

5. In view of the above, a direction is issued to the first and second respondents to the effect that if there is any unauthorised construction, the same is to be removed.

6. This writ petition is disposed of with the above direction. No costs. Consequently, the connected Miscellaneous Petition is closed.

sd/ ASSISTANT REGISTRAR(CS-IV) /TRUE COPY/ SUB-ASSISTANT REGISTRAR mvs.

To

1. The Assistant Executive Engineer (Town Planning) Zone 8

2. The Authorised Officer (Plan/Approval/Demolishment) Zone 5 +2 CC to MR.K.Sundararaj Advocate. SR.NO. 61873 +1 CC to MR.P.V.Selvakumar Advocate. SR.NO.60953 W.P.No.33062 of 2015 CO-NM JD 25/11/2015