Madras High CourtWP/27451/2019disposed of

E.Palani v. The Principal Secretary,

2019-09-17Honourable Dr Justice Vineet Kothari,Honourable Mr Justice C. Saravanan10 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.09.2019 CORAM :

THE HON'BLE DR.JUSTICE VINEET KOTHARI AND THE HON'BLE MR.JUSTICE C.SARAVANAN W.P.No.27451 of 2019 E.Palani .. Petitioner Vs 1 The Principal Secretary Rural Development and Panchayat Raj Department Fort St. George Chennai - 600 009.

2 The Principal Secretary Housing and Urban Development Department Fort St. George Chennai - 600 009.

3 The Principal Secretary Tax Revenue Department Fort St. George Chennai - 600 009.

4 The Member Secretary Chennai Metropolitan Development Authority Gandhi Irwin Road Thalamuthu Natarasan Maligai Egmore, Chennai - 600 008.

5 The Commissioner Corporation of Chennai Rippon Building Chennai - 600 003.

6 The Vigilance Director Directorate of Vigilance and Anti-Corruption No.293, MKN Road, Collectors Nagar Alandur, Chennai - 600 016.

7 The Vigilance Director Corporation of Chennai Rippon Building Chennai - 600 003.

8 The Commissioner of Police E.V.K. Sampath Salai Vepery, Chennai - 600 007.

9 The Income Tax Department Income Tax Department M.G. Road, Nungambakkam Chennai - 600 034.

10 The Administrative Director Tamil Nadu Electricity Board No.144, Anna Salai Chennai - 600 002.

11 The Director Tamil Nadu Fire and Rescue Services No.12, Rukmani Lakshmipathy Salai Egmore, Chennai - 600 008.

12 The Administrative Director Chennai Water Supply and Sewerage Board No.1, Pumping Station Road Chinthadripet, Chennai - 600 002.

13 The Deputy Commissioner Corporation of Chennai Zone - V No.61, Basin Bridge Road Chennai.

14 The Zonal Officer Chennai Corporation Zone - IV T.H. Road, Old Washermenpet Chennai - 600 021.

15 The Executive Engineer Corporation of Chennai Zone - IV T.H. Road, Old Washermenpet Chennai - 600 021.

16 The Assistant Executive Engineer Corporation of Chennai Zone - IV T.H. Road, Old Washermenpet Chennai - 600 021.

17 The Junior Engineer Corporation of Chennai - Division - 34 No.12, Venkateswara Colony 6th Street Kodungaiyur, Chennai - 600 118.

18 The Junior Engineer Corporation of Chennai - Division - 35 No.45/10, Krishnamoorthy Salai Erukkencherry, Chennai - 600 118.

19 The Junior Engineer Corporation of Chennai - Division - 36 Sharma Nagar 1st Main Road Chennai.

20 The Junior Engineer Corporation of Chennai - Division - 37 4th Cross Street, M.K.B. Nagar Chennai - 600 039.

21 The Junior Engineer Corporation of Chennai - Division - 38 Durga Devi Nagar, Tondiarpet Chennai - 600 081.

22 The Junior Engineer Corporation of Chennai - Division - 39 Sheriyan Nagar Main Road New Washermenpet Chennai - 600 081.

23 The Junior Engineer Corporation of Chennai - Division - 40 No.1, Ammani Ammal 1st Thottam Tondiarpet Chennai - 600 081.

24 The Junior Engineer Corporation of Chennai - Division - 41 KNS Depot, J.J.Nagar Korrukkupet, Chennai - 600 021.

25 The Junior Engineer Corporation of Chennai - Division - 42 No.13, Rathinasabapaty Street Tondiarpet Chennai - 600 081.

26 The Junior Engineer Corporation of Chennai - Division - 43 Adi Theravedar Street Tondiarpet, Chennai - 600 081.

27 The Junior Engineer Corporation of Chennai - Division - 44 Nattal Garden 2nd Street, Perambur Chennai - 600 011.

28 The Junior Engineer Corporation of Chennai - Division - 45 No.1, Dr. Ambedkar College Road Ganesapuram, Vysarpadi Chennai - 600 039.

29 The Junior Engineer Corporation of Chennai - Division - 46 No.51, E.H. Road Vysarpadi, Chennai - 600 039.

30 The Junior Engineer Corporation of Chennai - Division - 47 K.N.S.Depot, Kthivakkam High Road Korrukkupet, Chennai - 600 021.

31 The Junior Engineer Corporation of Chennai - Division - 48 No.96, Parthasarathy Street Old Washermenpet Chennai - 600 021.

32 Pitty Parthsarathy 33 Ramakrishnadu .. Respondents PRAYER:

Petition filed under Article 226 of the Constitution of India praying for issue of writ of mandamus directing the respondents, in particular respondents 4 and 5, to submit the details as how many buildings were constructed with additional floors contrary to law, starting from Ward Nos.34 to 48, from the year January 2000 to December 2018 along with the details of issuance or order for locking and sealing of the buildings in all the wards of Zone - IV of Chennai Corporation and also to submit a report as to in how many buildings (residential and commercial) were the Rain Water Harvesting is installed and also to constitute a committee consisting of officers from Greater Chennai Corporation and Chennai Metropolitan Development Authority (CMDA) to ascertain the facts by conducting field inspection and to submit a report.

For Petitioner : Mr.E.Palani Party-in-person

For Respondents : Mr.V.Jayaprakash Narayanan Government Pleader for respondents 1 to 3, 6, 8 and 11 Mr.V.C.Selvasekaran Standing Counsel for respondents 5, 7, 13 to Mrs.Veena Suresh Standing Counsel for 4th respondent

ORDER

(Order of the Court was made by DR.VINEET KOTHARI,J.) E.Palani, 56 years, son of A.Elumalai, a party in person appearing before the Court, has preferred this writ petition, as a public interest litigation, under Article 226 of the Constitution of India with the following prayer: "to issue a writ of mandamus or direction, directing the respondents, in particular respondents 4 and 5, to submit the details as to how many buildings were constructed with additional floors contrary to law, starting from Ward Nos.34 to 48, from the year January 2000 to December 2018 along with the details of issuance or order for locking and sealing of the buildings in all the wards of Zone - IV of Chennai Corporation and also to submit a report as to in how many buildings (residential and commercial) were the Rain Water Harvesting is installed and also to constitute a committee consisting of officers from Greater Chennai Corporation and Chennai Metropolitan Development Authority (CMDA) to ascertain the facts by conducting field inspection and to submit a report."

2. The petitioner has arrayed as many as 33 respondents in the present writ petition and besides the authorities of the Government departments, Corporation of Chennai; Chennai Metropolitan Development Authority; Income Tax Department; Tamil Nadu Electricity Board; Tamil Nadu Fire and Rescue Services, and Chennai Water Supply and Sewerage Board have been arrayed as respondents. Two private parties, Mr.Pitty Parthasarathy and Mr.Ramakrishnadu, have also been arrayed as respondents.

3. The party in person addressed the Court in local Tamil language, which, one of us, C.Saravanan,J. understands. The

petitioner has disclosed his identity as a Carpenter earning a sum of Rs.50,000/- per annum and is not an income-tax assessee or a PAN Card holder. He seeks to espouse a public cause about the alleged illegal constructions in the city of Chennai.

4. Having heard the petitioner, appearing in person; the learned Government Pleader and other Standing Counsel, we are of the opinion that the prayers made by the petitioner in the present public interest litigation are of omnibus character and very wide. The Court cannot open a sort of enquiry in the present case at the instance of the petitioner.

5. In these circumstances, we feel that the petitioner should be relegated to the authorities concerned of the Chennai Metropolitan Development Authority and the Corporation of Chennai, who can hear the grievance of the petitioner and provide him a patient hearing and pass appropriate orders in response to his complaints made in the writ petition. Therefore, we direct the following:

(a)The petitioner is directed to present the copy of this writ petition with annexures to the Committee of two officers, namely (i) the Member Secretary of the Chennai Metropolitan Development Authority; and (ii) The Commissioner of the Corporation of Chennai.

(b)The Committee may notify a date to the petitioner, on which date the petitioner may appear before the said Committee of two officials with additional documents or evidence, besides the copy of the writ petition, which is already available with the learned counsel for the respondents, and the said authorities are directed to give him a patient hearing in the matter and pass appropriate orders.

(c) If some actions deserve to be taken at the instance of the petitioner, on the basis of the complaint made by him, the said Committee may direct their subordinate officers to take such action in the matter and apprise the petitioner in this regard and if no such action is required to be taken or deserves to be taken for the reasons to be assigned by the Committee, appropriate orders in this regard may be passed by the said Committee and communicated to the petitioner.

(d)The process of this hearing and passing of orders and directions by the said Committee may be completed within a period of three months from today.

With these observations, the writ petition is disposed of. No costs. Consequently, W.M.P.Nos. 26919, 26920, 26925 and 26927 of 2019 are closed.

Sd/- Assistant Registrar (Insp Cell) //True Copy// Sub Assistant Registrar sasi To:

1 The Principal Secretary Rural Development and Panchayat Raj Department Fort St. George Chennai - 600 009.