D.Ganesan v. Government Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.09.2024
CORAM:
THE HON'BLE MR.D. KRISHNAKUMAR, ACTING CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE P.B. BALAJI WP No.15615 of 2024 D.Ganesan ... Petitioner versus
1. Government of Tamil Nadu Represented by its Secretary, Housing and Urban Development Department, Secretariat, Chennai-600 009.
2.Greater Chennai Corporation, Represented by its Commissioner, Ripon Building, Chennai-600 003.
3.The Executive Engineer, Greater Chennai Corporation, Zone-VI, No.158, Strahans Road, Pattalam, Chennai-600 012. ...Respondents 1/6
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for the issuance of a writ of Mandamus, directing the respondents 2 and 3 to de-seal the petitioner's premises at Plot No.18, East Part Old Door No.83, New Door No.74, United Street, Kolathur, Chennai-600 099 which was sealed on 31.12.2022 by considering the petitioner's representation dated 13.05.2024 sent to the second and third respondents so as to enable to carry out rectification and regularization to bring the building in conformity to the Tamil Nadu Combined Development and Building Regulations, 2019 within a reasonable time.
For the Petitioner :Mr.D.Rajasekar for N.Ganesh For the Respondents :Mr.Habeeb Rahman Government Advocate for first respondent Mr.D.B.R.Prabhu Standing Counsel for respondents 2 and 3
ORDER
(Made by the Hon'ble Acting Chief Justice) This Writ Petition is filed for a direction to the respondents 2 and 3 to de-seal the petitioner's premises at Plot No.18, East Part Old Door No.83, New Door No.74, United Street, Kolathur, Chennai-600 099 which 2/6
was sealed on 31.12.2022 by considering the petitioner's representation dated 13.05.2024 sent to the second and third respondents so as to enable to carry out rectification and regularization to bring the building in conformity to the Tamil Nadu Combined Development and Building Regulations, 2019.
2. Learned Standing Counsel for the respondent Corporation submits that the respondent Corporation do not any have serious objection for considering the request made by the petitioner for de-sealing his premises for a period of eight weeks for carrying out the rectification of the petitioner's building in conformity to the Tamil Nadu Combined Development and Building Regulation, 2019.
3. Learned counsel for the petitioner also agreed for carrying out the rectification of the subject matter of the property in conformity to the Tamil Nadu Combined Development and Building Regulation, 2019, within the said time.
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4. In view of the above submissions made by the parties, we direct the respondents 2 and 3 to de-seal the subject matter of the property for carrying out the rectification of the said building in conformity to the aforesaid Act. We are granting eight weeks time for rectifying the aforesaid defects pointed out by the Corporation. If the petitioner do not carry out the said defects within the said period, the petitioner is not entitled for any further time and the authorities concerned shall seal the aforesaid property without any further notice.
5. With the above directions, the writ petition stands disposed of. There shall be no order as to costs. Consequently, W.M.P.No.17009 of 2024 is closed.
(D.K.K., ACJ.) (P.B.B., J.) 03.09.2024 Index : Yes/No mrn 4/6
To 1.The Secretary, Housing and Urban Development Department, Secretariat, Chennai-600 009.
2.The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai-600 003.
3.The Executive Engineer, Greater Chennai Corporation, Zone-VI, No.158, Strahans Road, Pattalam, Chennai-600 012.
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THE HON'BLE ACTING CHIEF JUSTICE and P.B. BALAJI, J.
(mrn) WP No.15615 of 2024 03.09.2024 6/6