C.Prabhu v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE V.SIVAGNANAM W.P.No.18221 of 2021 and W.M.P.No.19448 of 2021 C.Prabhu

...Petitioner

Vs.

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

2.The Commissioner, Greater Chennai Corporation, Rippon Buildings, Chennai - 600 003.

3.The Executive Engineer, Zone - 14, Ward No. 188, Greater Chennai Corporation, No.6/64, Puzhuthivakkam Main Road,- Chennai - 600 091.

...Respondents

Prayer:

Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus calling for the records of the 1st respondent pertaining to Letter No.11940/UD-VII(2)/2019-2, dated 27.05.2020 and quash the same and consequently permit the petitioner to carry out the necessary alterations to restore the building as per the sanction plan.

For petitioner : Mr.V.Lokesh Kumar For respondents : Mr.T.N.C. Kaushik Govt. Counsel (for R1) Mr.K. Rajasrinivas Standing Counsel (for R2 & R3)

ORDER

(The Order of the Court was made by K.KALYANASUNDARAM,J) Though the writ petition has been filed to quash the order of the first respondent dated 27.05.2020, wherein, the appeal preferred by the petitioner under Section 80(A) of the Tamil https://hcservices.ecourts.gov.in/hcservices/

Nadu Town and Country Planning Act, 1971 was rejected, the learned counsel appearing for the petitioner would state that the petitioner is ready to rectify the violation pointed by the third respondent.

2.The learned Standing Counsel appearing for the respondents 2 and 3 would state that the petitioner can be provided sufficient time to rectify the deviation and violation of the building from the approved plan.

3.In the light of the submission of the learned counsel appearing on either side, this writ petition is disposed of directing the petitioner to rectify the violations within a period of four months. It is made clear that if the defects are not rectified, the respondents are at liberty to take action against the petitioner. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-IX) //True Copy// Sub Assistant Registrar skn To 1.The Secretary to Government, Housing and Urban Development Department, Fort St.George, Chennai - 600 009.

2.The Commissioner, Greater Chennai Corporation, Rippon Buildings, Chennai - 600 003.

3.The Executive Engineer, Zone - 14, Ward No. 188, Greater Chennai Corporation, No.6/64, Puzhuthivakkam Main Road, Chennai - 600 091.

+1cc to Mr.V.Lokesh Kumar, Advocate, S.R.No.46547 +1cc to Mr.K.Rajashrinivas, Advocate, S.R.No.46984 +1cc to the Government Pleader, S.R.No. 46857 W.P.No.18221 of 2021 and W.M.P.No.19448 of 2021 NRL(CO) SB(07/10/2021) https://hcservices.ecourts.gov.in/hcservices/