V.Srinivasan v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.06.2023
CORAM:
THE HON'BLE MR. JUSTICE S. VAIDYANATHAN and THE HON'BLE MR. JUSTICE K. RAJASEKAR V. Srinivasan Petitioner v The Commissioner Greater Chennai Corporation Ripon Building, Chennai 600 003 The Zonal Officer, Zone - III Greater Chennai Corporation No.1, Thattankulam Street Bazaar Road, Madhavaram, Chennai 600 060 The Secretary Housing and Urban Development Department Secretariat, Chennai 600 009 The Inspector of Police M-2 Madhavaram Milk Colony Police Station Madhavaram Chennai Berachah Apostolic Christian Assembly Trust represented by its Managing Trustee Ps.M. Maria Singarayar No.41, Anna Street, K.K. Thazhai M.M.C. Post, Madhavaram, Chennai 600 051 Respondents
Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 1 to 4 to demolish the illegal and unauthorised church situated at No.41, Anna Street, K.K. Thazai, MMC Post, Madhavaram, Chennai 600 051.
For petitioner Mr. G. Karthikeyan, Sr. Advocate for Ms. A. Jagadeeswari For RR 1 & 2 Mr. D.B.R. Prabhu, Standing Counsel For R5 Mr. G.Mohammed Aseef - - - - - -
ORDER
This public interest litigation has been preferred seeking demolition of the church alleged to have been constructed illegally and unauthorisedly at No.41, Anna Street, K.K. Thazai, MMC Post, Madhavaram, Chennai 600 051. The petitioner's contention is that the prayer hall has been constructed sans proper permission and that a lock and seal notice was issued by the second respondent on 22.02.2018; the authorities locked the said premises, questioning which, the fifth respondent approached this Court by way of filing W.P. No.21258 of 2022 seeking to forbear the authorities from initiating any coercive action of locking and sealing the premises, which was dismissed vide order dated 12.08.2022; subsequently, the third respondent, vide letter dated 03.10.2022, granted three months time to obtain permission in accordance with the rules in force; as no steps have been taken by the fifth respondent since then in
regard thereto, the present writ petition has been filed seeking the aforesaid prayer.
The learned counsel for the fifth respondent submitted that it cannot be said that the entire construction is illegal; initially, there was no setback given in the building and after the lock and seal notice, with the permission of the authorities for rectification and by paying the necessary charges therefor, the portion constructed illegally has been demolished to bring the building in accordance with the plan. Further, according to the learned counsel, necessary charges paid are not only for demolition, but also for sanction of authorised plan. That apart, he undertook that no activity will be carried out till the building is brought in accordance with plan. It is his further submission that applications are pending before the authorities and the same may be directed to be considered at the earliest.
A perusal of the various documents filed by the petitioner as well the fifth respondent would make it amply clear that several opportunities have been afforded to the fifth respondent and on every occasion, the fifth respondent had sought extension, owing to which, the demolition/rectification is yet to be completed to make the building in accordance with the permission granted by the authorities.
Be that as it may, as stated supra, since an undertaking has been given by the learned counsel for the fifth respondent that no activity will be carried out in the building till the building is constructed in accordance with the plan to be sanctioned, we expect the authorities to pass orders on the pending applications of the fifth respondent within a period of three months from the date of receipt of a copy of this order.
It is made clear that except for enabling the fifth respondent to carry out rectification work, the building should be kept locked and sealed permanently and only after the authorities are satisfied that the building is in accordance with the plan, can electricity connection, water and sewerage connection and other amenities be extended by the authorities concerned. Needless to say, if any of the aforesaid amenity is extended in contravention of this order of this Court, the authorities concerned will be hauled up for the violation of this Court's order and this Court will not have even an iota of incertitude to direct their removal from service.
This writ petition stands disposed of with the above observations, sans costs.
(S.V.N., J.) (K.R.S., J.) 22.06.2023 cad Note to Registry:
Mark a copy of this order to (i) The Chairman, Tamil Nadu Electricity Board (ii) The Managing Director, Chennai Metro Water Supply & Sewerage Board (CMWSSB)
To The Commissioner Greater Chennai Corporation Ripon Building, Chennai 600 003 The Zonal Officer, Zone - III Greater Chennai Corporation No.1, Thattankulam Street Bazaar Road, Madhavaram, Chennai 600 060 The Secretary Housing and Urban Development Department Secretariat, Chennai 600 009 The Inspector of Police M-2 Madhavaram Milk Colony Police Station Madhavaram Chennai
S. VAIDYANATHAN, J.
and K. RAJASEKAR, J.
cad 22.06.2023