Charanjit Singh Chadha, v. The Corporation Of Chennai

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.04.2015

CORAM:

THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE M.VENUGOPAL W.P. No.9836 of 2015 Charanjit Singh Chadha Petitioner vs.

The Corporation of Chennai represented by its Commissioner Ripon Building Park Town Chennai 600 003 The Executive Engineer TP (Enforcement) Office of the Regional Joint Commissioner (South) Corporation of Chennai No.115 Dr. Muthulakshmi Salai Adyar Chennai 600 020 Sardar Sunderpal Singh Chadha Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 1 and 2 to demolish and permanently remove the illegal, unsanctioned and unauthorised construction put up by the third respondent at No.22, Muthial Reddy Street, Alandur, Chennai 600 016. For petitioner Ms. Vasudha Thiagarajan For RR 1 & 2 Mr. G. Anantharangan Standing Counsel

ORDER

(Order of the Court was made by SATISH K. AGNIHOTRI, J.) This writ petition is filed seeking a writ of mandamus directing the respondents 1 and 2 to demolish and permanently remove the illegal, unsanctioned and unauthorised construction put up by the third respondent at No.22, Muthial Reddy Street, Alandur, Chennai 600 016.

The petitioner's only grievance is that despite illegal construction raised by the third respondent in his neighbourhood, viz., Door No.22, Muthial Reddy Street, Alandur, Chennai 600 016, no action has been taken till date. Instead, stop work notice/notice calling for approved plan has been addressed to the petitioner on 27.02.2015.

Without going into the merits of the case at this stage, we deem it fit and proper to direct the first respondent to cause site inspection at Door No.22, Muthial Reddy Street, Alandur, Chennai 600 016, wherein, it is alleged by the petitioner that illegal construction is going on and if it is found that illegal/unauthorised construction is carried out and further in progress in the said place, the first respondent shall take immediate action under provisions of law and further consequential action as required under the provisions of law, after affording an opportunity of hearing to the third respondent. Needful has to be done within a period of six weeks from the date of receipt of a copy of this order.

The writ petition stands disposed of with the above direction and observation. No costs.

Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar cad

To The Commissioner Corporation of Chennai Ripon Building Park Town Chennai 600 003 The Executive Engineer TP (Enforcement) Office of the Regional Joint Commissioner (South) Corporation of Chennai No.115 Dr. Muthulakshmi Salai Adyar Chennai 600 020 1 cc to Mr.G. anantharangan, Advocate, Sr. 19163 2 ccs to Mr.R. Thiagarajan, Advocate, Sr. 18816 W.P. No.9836 of 2015 ACD (CO) kk 15/4