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Madras High CourtWP/8714/2015disposed of

P.Nallasamy v. Corporation Of Chennai

2015-03-26Honourable Mr Justice M. Venugopal,Honourable Mr Justice Satish K. Agnihotri2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26-03-2015

CORAM

THE HONOURABLE MR.JUSTICE SATISH K.AGNIHOTRI AND THE HONOURABLE MR.JUSTICE M.VENUGOPAL WRIT PETITION No. 8714 of 2015 and M.P.1 of 2015 P. Nallasamy .. Petitioner vs

1. Corporation of Chennai, rep. By its Executive Engineer, T.P. Enforcement Region - Central 2nd Cross Street (East), Pulla Avenue, Shenoy Nagar, Chennai 600 030.

2. Corporation of Chennai, rep. By Assistant Executive Engineer, T.P. Enforcement Region - Central 2nd Cross Street (East), Pulla Avenue, Shenoy Nagar, Chennai 600 030.

3. The Assistant Engineer, Corporation of Chennai, Division - 89, Shenoy Nagar, Chennai 600 030.

.. Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorari to call for and to quash the records pertaining to the impugned order bearing REGIONCENTRAL/ TPENF/ 0282/2015 dated. 10.03.2015 issued by the 1 to 3 respondents in respect of the petitioner's property bearing D.No.1369 5th Street, Golden Colony, Padi, Chennai-600 050. For Petitioner : Mr. S. Sivashanmugam For Respondents : Mr. G. Anandharangan

ORDER

(Order of the Court was made by SATISH K.AGNIHOTRI, J.) Challenge in this writ petition is to the stop work notice dated 10.3.2015 calling for an approved plan from the petitioner in respect of the construction at Plot No.1369, 1st floor, Golden Colony, Mogappair Road, Chennai.

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2. Learned counsel appearing for the petitioner submits that the petitioner has not carried out any deviation or any unauthorised construction. Certain internal work has been done, which does not come within the ambit of deviations and that is also strictly in accordance with the approved plan.

3. Mr.G. Anandharangan, learned counsel appearing for the respondents submits that if a representation is made, the same will be examined before taking action under the provisions of law.

4. In view of that, we are not inclined to go into the merits of the case. However, we reserve liberty to the petitioner to make a representation to the respondents, within a period of one week from the date of receipt of a copy of this order, pointing out the steps taken by him and also as to whether the construction is in accordance with the approved plan. The authorities are, thereafter, directed to examine the same and if necessary, take consequential action within the statutory period.

5. This writ petition stands disposed of accordingly. Consequently, M.P. No. 1 of 2015 is closed. No costs. Sd/- Assistant Registrar(CS-II) Dated: 17.04.2015 //True Copy// Sub Assistant Registrar ra To

1. The Executive Engineer,Corporation of Chennai, T.P. Enforcement Region - Central 2nd Cross Street (East), Pulla Avenue, Shenoy Nagar, Chennai 600 030.

2. The Assistant Executive Engineer,Corporation of Chennai, T.P. Enforcement Region - Central 2nd Cross Street (East), Pulla Avenue, Shenoy Nagar, Chennai 600 030.

3. The Assistant Engineer, Corporation of Chennai, Division - 89, Shenoy Nagar, Chennai 600 030.

+ 1 cc to Mr.S. Sivashanmughan, Advocate Sr.16958 + 1 cc to Mr.G. Anantharangan, Advocate Sr.17027 W.P.No.8714 of 2015 https://hcservices.ecourts.gov.in/hcservices/ GR(CO) Eu 17.04.2015