South Indian Cine Television Artists And v. The Member Secretary To Government,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.6.2023

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE P.DHANABAL W.P..No.16976 of 2023 South Indian Cine Television Artists and Dubbing Artists Union Rep. by its General Secretary.

...

Petitioner Vs.

1. The Member Secretary to Government, Housing and Urban Development, Secretariat, Fort St.George, Chennai 600 009.

2. The Additional Secretary (Technical) Housing and Urban Development Secretariat, Fort St. George, Chennai 600 009.

3. The Commissioner, Greater Chennai Corporation, Rippon Buildings, Chennai 600 003.

4. The Executive Engineer, Town Planning Section - Kodambakkam, Zone 10, Greater Chennai Corporation, No.64, N.S.K. Salai, Chennai - 600 026.

5. The Member Secretary Chennai Metropolitan Development Authority, Egmore, Chennai 600 008.

...

Respondents 1/4

Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to de-seal the premises situate at door No.10/3 Vijayaraghavapuram, 4th Street, Saligramam, Chennai - 600 093 permanently for the purpose of demolition as per the demolition permission granted by the 4th respondent in his proceedings in W.D.C.No.DA/WDCN10/00313/2023 dated 15.5.2023 and for re-construction of new building in the aforesaid premises.

For Petitioner : Mrs.Dakshayani Reddy Sr. Counsel for Mr.K.Manikandan For Respondents 1&2 : Mr.A.Selvendran, Spl.G.P. For Respondents 3 & 4 : Mr.D.B.R.Prabhu, Standing Counsel For Respondent No.5 Mr.R.Sivakumar Standing Counsel *****

O R D E R

(Order of the Court was delivered by D.KRISHNAKUMAR, J.) As directed by this Court by its order dated 8.6.2023, the fourth respondent has filed status report before this Court stating that the fourth respondent accorded permission to the petitioner to demolish the building in question vide W.D.C. No.DA/WDCN10/00313/2023 dated 15.5.2023. It is further stated in the report that the petitioner shall give an undertaking that after de-sealiing the building in question, the petitioner will demolish the building within a fixed time frame and till such time, the petitioner should not utilize the building for any other purpose.

2. The petitioner has filed an undertaking affidavit stating that the after de-sealing the premises by the respondents, the petitioner would 2/4

commence and complete the entire demolition work within six months from the date of de-sealing and further, the petitioner undertakes that till such time, the petitioner would not utilize the building for any other purpose.

3. The learned Standing counsel appearing for the respondent Corporation submits that the petitioner has sought for long time i.e. six months for demolition work and stated that reasonable time may be granted by this Court.

4. Recording the undertaking affidavit filed by the petitioner, the fourth respondent shall de-seal the premises. Having regard to the status report filed by the fourth respondent, undertaking affidavit filed by the petitioner and the submission made by the learned Standing counsel appearing for the respondent, this Court is inclined to grant three months time to the petitioner to complete the entire demolition work in the existing building and till such time, the building in question shall not be used for any other purpose.

5. The Writ petition stands disposed of with the above directions. No costs.

(D.K.K.J. ) (P.D.B.J.) 13.6.2023 3/4

D.KRISHNAKUMAR, J AND P.DHANABAL, J.

vaan Speaking/Non Speaking order Index: Yes vaan To

1. The Member Secretary to Government, Housing and Urban Development, Secretariat, Fort St.George, Chennai 600 009.

2. The Additional Secretary (Technical) Housing and Urban Development, Secretariat, Fort St. George, Chennai 600 009.

3. The Commissioner, Greater Chennai Corporation, Rippon Buildings, Chennai 600 003.

4. The Executive Engineer, Town Planning Section - Kodambakkam, Zone 10, Greater Chennai Corporation, No.64, N.S.K. Salai, Chennai - 600 026.

5. The Member Secretary Chennai Metropolitan Development Authority, Egmore, Chennai 600 008. Dated: 13.6.2023 4/4

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