G.Umadevi v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-04-2025

CORAM

THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR

1. G.Umadevi W/o.Late G.D.Uma Maheshwar, No.144, P.H.Road, Ground Floor, Kilpauk, Chennai-010.

Petitioner(s) Vs

1. The Secretary Housing Urban Development Department, Secretariat, Fort St. George, Chennai-09.

2.The Commissioner Greater Chennai Corporation, Rippon Buildings, Chennai-03.

3.The Managing Director Chennai Metropolitan Development Authority, Thalamuthu Natarajan Maaligai, No.1, Gandhi Irwin Road, Egmore, Chennai-08. 4.The Zonal Officer Zone-8 Shenoy Nagar, Chennai-030.

5.RAJKUMAR Door No.144, P.H.Road, First Floor, Kilpauk, Chennai-10.

Respondent(s) PRAYER Directing the Respondents No.1 to 4 to inspect the petitioner premises, and to remove the illegal unauthorized offending construction of the 5th Respondent and his demolition without obtaining permission from the authorities concerned, based on the representation dated 15.06.2024, within a time to be stipulated by this Court.

For Petitioner(s):

V.Ramanareddy For Respondent(s):

Mrs.E.Ranganayaki Additional Government Pleader for R1 Mrs.K.Aswini Devei, Standing Counsel for GCC for R2-4 Mr.R.Thamarai Selvan Standing Counsel for CMDA for R3 Mr.Venkatesh Mahadevan for R5

ORDER

(Order of the Court was made by S.M.Subramaniam J.) The Writ Petition has been instituted to direct the Respondents No.1 to 4 to inspect the petitioner premises, and to remove the illegal unauthorized offending construction of the 5 th Respondent and his demolition without obtaining permission from the authorities concerned, based on the representation dated 15.06.2024.

2.

With reference to the allegations set out in the Writ proceedings,

learned counsel for the 5 th respondent would submit that no unauthorised constructions were made by the 5 th respondent in the premises.

3.

However, the petitioner in his affidavit has stated that the building plan approval has been violated and unauthorised construction made by the 5 th respondent in causing inconvenience to the petitioner and the neighbours. 4.

In view of the contradictory statement made between the parties, the respondents 2, 3 and 4 are directed to conduct field inspection and survey in the subject property and verify the correctness of the building constructed in accordance with the building plan approval. In the event of any unauthorised construction/deviation, all appropriate actions are to be initiated by following due procedures as contemplated under law. The said exercise is directed to be completed within a period of 8 weeks from the date of receipt of a copy of this order.

5.

Accordingly, the Writ Petition is disposed of. No costs. Consequently, the Miscellaneous Petitions, if any, are closed. (S.M.SUBRAMANIAM J.)(K.RAJASEKAR J.) 21-04-2025 gd Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Secretary Housing Urban Development Department, Secretariat, Fort St.

George, Chennai-09.

2.The Commissioner Greater Chennai Corporation, Rippon Buildings, Chennai-03.

3.The Managing Director Chennai Metropolitan Development Authority, Thalamuthu Natarajan Maaligai, No.1, Gandhi Irwin Road, Egmore, Chennai-08.

4.The Zonal Officer Zone-8 Shenoy Nagar, Chennai-030.

5.RAJKUMAR Door No.144, P.H.Road, First Floor, Kilpauk, Chennai-10.

S.M.SUBRAMANIAM J.

AND K.RAJASEKAR J.

gd 21-04-2025