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Madras High CourtWP/18574/2021disposed of

T.Subash Chand Bothra v. The Commissioner

2021-09-03Honourable Mr Justice V.Sivagnanam,Honourable Mr Justice K. Kalyanasundaram2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM AND THE HONOURABLE MR.JUSTICE V.SIVAGNANAM W.P.NO.18574 OF 2021 T.Subash Chand Bothra

...Petitioner

Vs.

1. The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai - 600003.

2. The Executive Engineer, Zone -V, Greater Chennai Corporation, 61, Basin Bridge Road, Chennai - 600021. ...Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the respondents to forthwith remove the lock and seal affixed on 11.08.2021 in the petitioner's property situated at Old No.342, New No.350, Mint Street, Kothavalchavadi, Sowcarpet, Chennai - 600 079, so as to enable the petitioner to rectify and restore the said premises in conformity with the sanctioned plan and in consonance with the present Tamil Nadu Combined Development and Building Rules 2019, wherein the floor space index is increased from 1.5 FSI to 2 FSI, wherein the petitioner can put up the building upto 8288 sq.ft and on the basis of the petitioner's representation dated 16.08.2021.

For petitioner : Mr.L.Chandrakumar For respondents : Mr.K.Raja Srinvas Govt Counsel

ORDER

(The Order of the Court was made by K.KALYANASUNDARAM,J) The petitioner prays removal of lock and seal affixed on 11.08.2021 to bring it in tune with the approved plan. https://hcservices.ecourts.gov.in/hcservices/

2.Learned counsel appearing for the respondents submitted that if the petitioner brings the deviation within the plan approved, then this Court can consider granting sufficient time. 3.Learned counsel appearing for the petitioner seeks three months time for doing so.

4.Considering the above, the respondents are directed to remove the lock and seal affixed on 11.08.2021 within a period of two weeks from the date of receipt of a copy of this order so as to enable the petitioner to remove that part of the construction, which is not in conformity with the approved plan. The petitioner would be given a period of twelve weeks from the date of de-sealing to undertake the said exercise. Needless to state that if the petitioner do not carry out the directions as stated above, the respondents shall seal the premises in question once again.

5.With the above directions, the writ petition stands disposed of. No costs.

-s/dDeputy Registrar True Copy Sub-Assistant Registrar skn To

1. The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai - 600003.

2. The Executive Engineer, Zone -V, Greater Chennai Corporation, 61, Basin Bridge Road, Chennai - 600021.

+1cc to Mr.L.Chandrakumar, Advocate, Sr.No.44368 +1cc to Mr.K.Raja Shrinivas, Advocate, Sr.No.44502 W.P.No.18574 of 2021 EV(CO) KKV/08/09/2021 https://hcservices.ecourts.gov.in/hcservices/