M Sugandha Priya v. The State Of Tamil Nadu
THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21.05.2025
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN W.P.No. 18780 of 2025 and WMP Nos.21030 and 21033 of 2025 Dr.M.Sugandha Priya ... Petitioner Vs.
1. The State of Tamil Nadu, Rep. by its Additional Secretary (Technical) Housing and Urban Development Department, Secretariat, Chennai 600 009.
2. The Commissioner, Greater Chennai Corporation, Ripon Buildings, Chennai 600 003.
3. The Executive Engineer, Zone -I, Greater Chennai Corporation, Thiruvottiyur High Road, Thiruvottiyur, Chennai 600 019.
4.The Assistant Executive Engineer, Zone -1, Greater Chennai Corporation, Thiruvottiyur High Road, Thiruvottiyur, Chennai 600 019.
... Respondents 1/7
Prayer : Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order issued by the 1st respondent in letter No. 8555391/UD 8(2)/2024-4 dated 28.01.2025 and the consequential Notice issued by the 4th respondent in Notice No.Zone I/DN-10/01/2025 dated 10.02.2025 and to quash the same and consequently, directing the respondents to consider the Revised Plan Approval submitted by the Petitioners dated 24.04.2025 for granting approval of construction of residential building bearing Door No. 2, South Mada Street, Thiruvottiyur, Chennai 600 019, comprised in S. No. 237/1, Part T.S.No. 38, Block No. 24, Ward- H, Thiruvottiyur Village, Greater Chennai Corporation Division-10, Zone-1.
For Petitioner :
Mr.S.Neduchezhiyan For Respondents :
Mr.Habeeb Rahman, Government Advocate, for R1 Mr.E.C.Ramesh, for RR2 to 4 **** 2/7
O R D E R
(Order of the Court was made by G.R.SWAMINATHAN, J.) Heard both sides.
2. The petitioner had put up a building, which admittedly is not in consonance with the approved plan. The Government vide order dated 28.01.2025 issued the following order:
"8. Considering the above facts and submissions made, the Government issues the following orders: (i) Greater Chennal Corporation shall issue revised notice indicating the statement of deviations after causing proper inspection of the site in the presence of the revision petitioner within 10 days.
ii) Three months time is granted to the revision petitioner from the date of issue of revised Lock & Seal and Demolition notice, to rectify the deviations and to restore the building as per approved plan or to get revised approval for the ractified building as per Tamil Nadu Combined Development and Building Rules, 2019. iii) Till such time there shall be a stay on the impugned notices issued in respect of the building in the subject premises and no coercive action shall be taken. iv) On expiry of the sald period of three months time, 3/7
Greater Chennal Corporation shall proceed with further action as per the provisions in Tamil Nadu Town and Country Planning Act, 1971, if the petitioner failed to comply the above directions within the time specified."
3. It is stated by the petitioner that within three months, the petitioner submitted a revised building plan on 24.04.2025. The second respondent is yet to pass orders thereon. The grievance of the petitioner is that without giving disposal to the revised building plan submitted by the petitioner, the building is now sought to be demolished.
4. When the petitioner has discharged her part of the obligation, it is for the respondents to either accept the revised building plan or reject the same. Without passing an appropriate order on the revised building plan submitted by the petitioner, it is not open to the local body to demolish the petition mentioned building. We direct the second respondent to dispose of the revised building plan application of the petitioner within a period of eight weeks from the date of receipt of a copy of this order, till then no coercive action shall be taken by the respondents. 4/7
5. The Writ Petition is disposed of accordingly. There shall be no order as to costs. Consequently the connected miscellaneous petitions are closed.
(G.R.S., J.) (V.L.N., J.) 21.05.2025 jv/dsa Index : Yes / No : Yes / No Speaking order / Non-Speaking order 5/7
To:-
1. The Additional Secretary (Technical) Housing and Urban Development Department, Government of Tamil Nadu, Secretariat, Chennai 600 009.
2. The Commissioner, Greater Chennai Corporation, Ripon Buildings, Chennai 600 003.
3. The Executive Engineer, Zone -I, Greater Chennai Corporation, Thiruvottiyur High Road, Thiruvottiyur, Chennai 600 019.
4.The Assistant Executive Engineer, Zone -1, Greater Chennai Corporation, Thiruvottiyur High Road, Thiruvottiyur, Chennai 600 019.
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G.R.SWAMINATHAN, J.
and V.LAKSHMINARAYANAN, J.
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