S. Vijay v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.09.2022

CORAM

THE HONOURABLE Mr.JUSTICE R.SUBRAMANIAN and THE HONOURABLE Mr.JUSTICE KUMARESH BABU S.Vijay .... Petitioner Vs 1.The Commissioner Greater Chennai Corporation Rippon Building Chennai - 3.

2.The Member Secretary CMDA, Egmore Chennai - 8.

3.The Executive Engineer Buildings Department Great Chennai Corporation Amma Maligai, Rippon Building Campus Chennai - 3.

4.The Assistant Commissioner / Zonal Officer 1/5

5.The Executive Engineer 6.The Assistant Engineer Division 83, Zone VII 7.N.Krishnamoorthy .... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 6 to take necessary action against the illegal and unauthorized construction made by the 7th respondent at Door No.4/64, Palla Street, Agraharam, Korattur, Chennai-76 by considering the petitioner's representation dated 02.05.2022. For Petitioner : Mr.V.R.Appaswamee For Respondents : Mr.D.B.R.Prabhu Standing Counsel for Corporation of Chennai [RR1, 3 to 6] Mr.C.Vinobha Standing Counsel for CMDA [R2] R7 - Notice refused 2/5

ORDER

[Order of the Court was made by R.SUBRAMANIAN.J] The prayer in the writ petition is for a Mandamus directing the respondents to take action against the illegal and unauthorised construction allegedly put up by the seventh respondent at Door No.4/64, Palla Street, Agraharam, Korattur, Chennai-76.

2. Mr.D.B.R.Prabhu, learned Standing Counsel appearing for Chennai Corporation would submit that the Corporation has issued a notice calling upon the seventh respondent to produce the planning permission on 24.05.2022, and in view of non-compliance, the Corporation has issued a stop work notice. In view of the above we do not see any necessity to issue a mandamus as prayed for.

3. The writ petition is disposed of with a direction to the Chennai Corporation to pursue the action taken to its logical conclusion. No costs. [RSMJ] [KBJ] 30.09.2022 Index : Yes / No Speaking order / Non-speaking order ds 3/5

To:

1.The Commissioner Greater Chennai Corporation Rippon Building Chennai - 3.

2.The Member Secretary CMDA, Egmore Chennai - 8.

3.The Executive Engineer Buildings Department Great Chennai Corporation Amma Maligai, Rippon Building Campus Chennai - 3.

4.The Assistant Commissioner / Zonal Officer 5.The Executive Engineer 6.The Assistant Engineer Division 83, Zone VII 4/5

R.SUBRAMANIAN. J., and KUMARESH BABU.J., ds 30.09.2022 5/5