N.Yuganathan v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.08.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU N.Yuganathan ..

Petitioner Vs.

1. The State of Tamil Nadu Rep. by the Principal Secretary to Government Housing and Urban Development Department Government of Tamil Nadu Secretariat, Fort St. George Chennai - 600 009.

2. The Tamil Nadu State Environment Impact Assessment Authority by its Chairman Place of Office at No.1, Jeenis Road Saidapet, Chennai - 600 015.

3. The Tamil Nadu State Coastal Zone Management Authority Rep. by its Member Secretary Panagal Building Saidapet, Chennai - 600 015.

4. The Chairman The Tamil Nadu Pollution Control Board 76, Anna Salai, Guindy Chennai - 600 032.

5. The Member Secretary CMDA, Thalamuthu Natarajan Maligai No.1, Gandhi Erwin Road Egmore, Chennai - 8.

6. The Commissioner Greater Chennai Corporation Rippon Building, Chennai.

7. The Chennai Metro Water Supply and Sewerage Board Rep. by its Managing Director Mount Road, Chennai.

8. M/s.Voora Property Developers Private Limited Rep. by its Director Having Office at Voora JK Tower, 4th Floor No.28, Bazullah Road T.Nagar, Chennai - 600 017.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondents 1 to 7 to demolish the illegal construction of large-scale multistoried building abutting the seashore comprised in R.S.No. 4061/4 of Block No. 78 old Survey Nos. 3761 3762 and 3763 of Tondiarpet Village, Toondiarpet Taluk, Chennai by the 8th respondent.

For the Petitioner :

Mr.K.Venkateswaran For the Respondents :

Mr.P.Muthukumar State Government Pleader assisted by Mr.Karthick Jagannath Government Advocate for R1 to R3 Mr.C.N.Vinobha for R5 Mr.D.B.R.Prabhu for R6

ORDER

(Made by the Hon'ble Chief Justice) We heard Mr.K.Venkateswaran, learned counsel for the petitioner, Mr.P.Muthukumar, learned State Government Pleader assisted by Mr.Karthick Jagannath, learned Government Advocate for respondents 1 to 3, Mr.C.N.Vinobha, learned counsel for respondent 5 and Mr.D.B.R.Prabhu, learned counsel for respondent 6

2. Learned counsel for the petitioner submits that respondents 1 to 7 may be directed to take action against the illegal construction of large-scale multi-storied building, abutting the seashore, comprised in R.S.No.4061/4 of Block No.78, Old Survey Nos.3761, 3762 and 3763 of Tondiarpet Village, Toondiarpet Taluk, Chennai.

3. Learned State Government Pleader placed on record the order dated 08.03.2019, wherein, the Tamil Nadu State Coastal Management Authority has resolved to clear the proposal and the proposal is cleared, subject to conditions as enumerated in the said order. If, according to the petitioner, the permission is wrongfully granted, then it is for the aggrieved party to challenge the same.

4. There is nothing before us to conclude that the construction, as alleged, is not in accordance with the permission. If the construction is not in accordance with the permission, then, it is for the petitioner to approach the concerned Authority in that regard.

5. With these observations, the writ petition stands disposed of. There will be no order as to costs.

(S.V.G., CJ.) (P.D.A., J.) 03.08.2023 Index :

Yes/No :

Yes/No drm To

1. The Principal Secretary to Government The State of Tamil Nadu Housing and Urban Development Department Government of Tamil Nadu Secretariat, Fort St. George Chennai - 600 009.

2. The Tamil Nadu State Environment Impact Assessment Authority by its Chairman Place of Office at No.1, Jeenis Road Saidapet, Chennai - 600 015.

3. The Member Secretary The Tamil Nadu State Coastal Zone Management Authority Panagal Building Saidapet, Chennai - 600 015.

4. The Chairman The Tamil Nadu Pollution Control Board 76, Anna Salai, Guindy, Chennai - 600 032.

5. The Member Secretary CMDA, Thalamuthu Natarajan Maligai No.1, Gandhi Erwin Road Egmore, Chennai - 8.

6. The Commissioner Greater Chennai Corporation Rippon Building, Chennai.

7. The Managing Director The Chennai Metro Water Supply and Sewerage Board Mount Road, Chennai.

HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(drm) 03.08.2023