R.Gajendran v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.07.2019 CORAM :

The Hon'ble Mrs.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE M.DURAISWAMY W.P. No.21106 of 2019 and W.M.P.No.20301 of 2019 R.Gajendran .. Petitioner -vs1. The Commissioner, Ripon Buildings, Chennai 600 003.

2. The Assistant Commissioner, Zone-Vi, No.5, Anderson Road, Ayanavaram, Chennai 600 023.

3. The Executive Engineer, Zone-Vi, No.5, Anderson Road, Ayanavaram, Chennai 600 023.

4. A.Latha .. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the respondents 1 to 3 to take appropriate action as against the unauthorized construction constructed by the 4th respondent without any planning permission at Door No.1, Kattabomman Street, Venkateshwara Nagar, Peravallur, Chennai 600 082, based on petitioner's representation dated 27.06.2019. For Petitioner :

Mr.G.Sivakumar For Respondents :

Mr.V.C.Selvasekaran Stdg. Counsel for RR 1 to 3 * * * * *

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) Heard the learned counsel for the petitioner and Mr.V.C.Selvasekaran, learned Standing Counsel for respondent nos.1 to 3.

2.The case of the petitioner is that the fourth respondent has put up unauthorised construction without any planning permission at Door No.1, Kattabomman Street, Venkateshwara Nagar, Peravallur, Chennai 600 082. Being aggrieved by the said unauthorised construction, the petitioner has also preferred representation dated 27.06.2019 to the respondents. The petitioner is now praying for directions to respondent nos.1 to 3 to take appropriate action in relation to the said unauthorised construction.

3.The learned standing counsel for respondent nos.1 to 3 state that they have issued a lock and seal and demolition notice dated 02.01.2019 to respondent no.4. Thereafter, they have issued de-occupation notice dated 19.02.2019 to respondent no.4. In relation to the de-occupation notice, the respondent no.4 has preferred an appeal to the Government under Section 80A of the Tamil Nadu Town and Country Planning Act, 1971 and the said appeal is pending for consideration before the competent authority.

4.Thus, it is seen that respondents 1 to 3 have taken action in relation to the unauthorised construction of respondent no.4, hence, no further orders are necessary at this stage. The writ petition is, accordingly, disposed of. No costs. Consequently, W.M.P.No.20301 of 2019 is closed. Sd/- Assistant Registrar (Insp.Cell) //True Copy// Sub Assistant Registrar sra To

1. The Commissioner, Ripon Buildings, Chennai 600 003.

2. The Assistant Commissioner, Zone-Vi, No.5, Anderson Road, Ayanavaram, Chennai 600 023.

3. The Executive Engineer, Zone-Vi, No.5, Anderson Road, Ayanavaram, Chennai 600 023.

W.P.No.21106 of 2019 RR(CO) SSM(05/09/2019)