Madras High CourtWP/18360/2020disposed of

U.Jayanthi v. The Member Secretary

2024-03-12Honourable Mr Justice S.M. Subramaniam,Honourable Mr.Justice K.Rajasekar7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.03.2024

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR and W.M.P.No.22762 of 2020 U.Jayanthi ... Petitioner Vs.

1.The Member Secretary, Chennai Metropolitan Development Authority (CMDA), Thalamuthu Natarajan Building, No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008. 2.The Commissioner, Greater Chennai Corporation, Ripon Buildings, Park Town, Chennai - 600 003.

3.The Deputy Commissioner (Administration), North Zone, Greater Chennai Corporation, No.60, Basin Bridge Salai, Chennai - 600 021.

4.Zonal Executive Engineer (Zone-III), Greater Chennai Corporation, Thattankulam Street,

Bazaar Road, Madhavaram, Chennai - 60.

5.The Superintendent Engineer, CEDC North, TANGEDCO, No.144, Annasalai, Chennai - 600 002.

6.The Executive Engineer, CEDC North, TANGEDCO, Vyasarpadi, Chennai - 600 039.

7.The Assistant Engineer, O & M., MVM1, CEDC North, TANGEDCO, Madhavaram, Chennai 600 060.

8.S.Pandurangan ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing respondents 1 to 4 to consider the Petitioner's various representations including the recent representation dated 06.10.2020 and forthwith take all necessary action to demolish the illegal and unauthorised constructions raised by 8th respondent on the petitioner's property measuring Acre 0.47 cents in S.No.464/1, Town Survey Number 1, Ward B, Block-3, Inner Ring Road, Madhavaram Village and Firka, Madhavaram Taluk, Thiruvallur District, now Chennai District in accordance with relevant provisions of Tamil Nadu Town and Country Planning Act, Tamil Nadu City Municipal Corporation Act and all allied Acts and Ordinances and also mandatory procedures contemplated by respondents 1 to

4 since the said constructions are without any building and planning approval from respondents 1 to 3.

For Petitioner : Mr.A.Vimal Raj For R1 : Mrs.P.Veena Suresh Standing Counsel [For CMDA] For R2 to R4 : Mr.D.B.R.Prabhu Standing Counsel [For Greater Chennai Corporation] For R5 : Mrs.P.Veena Suresh Standing Counsel [For CMDA] For R5 to R7 : No Appearance For R8 : Mr.P.Ramanathan

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] The grievance of the writ petitioner is that the representation submitted by the petitioner to remove the unauthorised constructions has not been considered. Thus, the writ petition came to be instituted.

2. The petitioner filed two writ petitions in W.P.No.18346 of 2020 and the present writ petition in W.P.No.18360 of 2020. In respective of W.P.No.18346 of 2020, the Tamil Nadu State Marketing Corporation (TASMAC) shop had been removed and the grievance of the petitioner has been redressed.

3. With reference to the present writ petition, the representation submitted by the petitioner is directed to be looked into by the 2nd respondent / Commissioner, Greater Chennai Corporation. The 2nd respondent is directed to verify the building plan permission, if any granted for constructions in the subject property. If the buildings are identified as unauthorised constructions, then initiate all appropriate actions in the manner known to law. The said exercise is directed to be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order.

4. With the above directions, this Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. [S.M.S., J.] [K.R.S., J.] 12.03.2024 (2/2) Jeni Index : Yes Speaking order To 1.The Member Secretary, Chennai Metropolitan Development Authority (CMDA), Thalamuthu Natarajan Building, No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008. 2.The Commissioner, Greater Chennai Corporation, Ripon Buildings, Park Town, Chennai - 600 003.

3.The Deputy Commissioner (Administration), North Zone, Greater Chennai Corporation, No.60, Basin Bridge Salai, Chennai - 600 021.

4.The Zonal Executive Engineer (Zone-III), Greater Chennai Corporation, Thattankulam Street, Bazaar Road, Madhavaram, Chennai - 60.

5.The Superintendent Engineer, CEDC North, TANGEDCO, No.144, Annasalai, Chennai - 600 002.

6.The Executive Engineer, CEDC North, TANGEDCO, Vyasarpadi, Chennai - 600 039.

7.The Assistant Engineer, O & M., MVM1, CEDC North, TANGEDCO, Madhavaram, Chennai 600 060.

S.M.SUBRAMANIAM, J.

and K.RAJASEKAR, J.

Jeni 12.03.2024 (2/2)