C.V.Krishnaswamy v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD C.V.Krishnaswamy

...Petitioner

-Vs1.The Commissioner Grater Chennai Corporation, Ripon Building, Chennai- 600 003.

2.The Superintending Engineer (BRR and Buildings) and Quality Control, Grater Chennai Corporation, Ripon Building, Chennai- 600 003.

3.The Zonal Officer / The Assistant Engineer Zone - X(kodambakkam), The Corporation of Chennai, No.64, NSk Road, Kodambakkam, Chennai- 600 024.

4.S.Kasthuri 5.M.Sriramulu 6.M/s.Visaka Builders and Promoters Private Limited, Represented by its Directors T.V.Vijayaraj and N.S.Neelakantan, 1/5

7.T.V.Vijayaraj 8.N.S.Neelakantan 9.Savitha Santosh Kumar 10.S.Suresh, 11.Muthuramalingam

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Mandamus to direct the respondents 1 to 3 to consider and pass orders on the representation / reminder dated 06.02.2023 filed by the petitioner, in seeking to take appropriate action as against the respondents 4 to 11 for deliberately flouting the building plan permission.

For Petitioners :

Mr. S.Sivapandi For Respondents :

Mr.D.B.R.Prabhu Standing Counsel for R1 to R3 M/s. G.Mohanakrishnan for R5 Mr. B. Anandan for R9 M/s.S.Udaya Kumar for R10 Dr. K.Sundararaj for R11 No appearance for R4 & R7 Tapal returned for R6 & R8

O R D E R

2/5

This writ petition has been filed seeking to direct the respondents 1 to 3 to consider and pass orders on the representation / reminder dated 06.02.2023 filed by the petitioner, in seeking to take appropriate action as against the respondents 4 to 11 for deliberately flouting the building plan permission.

2.Learned counsel appearing for the 9th respondent submitted that the lock and seal notice was issued on 18.07.2023 by the 3rd respondent against which, the 9th respondent has preferred an appeal under 88 A of Tamil Nadu Town and Country Planning Act, 1971, which is pending before the Government as on date. Therefore, nothing survives in this writ petition for further adjudication.

3.The learned counsel for the petitioner made an endorsement to that effect in Court bundle.

4.Accordingly, this writ petition stands dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed. 3/5

14.03.2025 vsn Index : Yes / No Speaking / Non-Speaking Order To 1.The Commissioner Grater Chennai Corporation, Ripon Building, Chennai- 600 003.

2.The Superintending Engineer (BRR and Buildings) and Quality Control, Grater Chennai Corporation, Ripon Building, Chennai- 600 003.

3.The Zonal Officer / The Assistant Engineer Zone - X(kodambakkam), The Corporation of Chennai, No.64, NSk Road, Kodambakkam, Chennai- 600 024.

J.SATHYA NARAYANA PRASAD, J.

vsn 4/5

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