G.K.Savithri v. The Commissioner

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN and W.M.P.No.24615 & 24616 of 2024 1.G.K.Savithri 2.S.Jayalakshmi 3.Revathy 4.Saranya 5.G.K.Gopi 6.N.Kamala 7.Ellammal Ramadoss 8.R.Sathish Kumar 9.R.Sathiya Kala 10.Raghu Raman 11.R.Vijayalakshmi Ramakrishnan 12.Pattabiraman 13.Ellammal Ashok Kumar

14.Senthamil Selvi 15.Purushothaman 16.Ravichandran 17.Mohan 18.Srinivasan 19.R.Uma 20.R.Balaji 21.Devi 22.Saravanan

...Petitioners

Vs.

1.The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai - 600 003.

2.The Assistant Engineer, Ward - 113, Zone -09, Corporation of Chennai, Choolaimedu, Chennai - 600 094.

3.Venkatesan

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 and 2 to take immediate action as against the unauthorised and illegal construction being made by the 3rd respondent over the land at Door No.78/6,

Vaikunapuram 2nd Street, Nungambakkam, Chennai - 600 034 in accordance with law.

For Petitioner : Mr.C.Umashankar For Respondents 1 & 2 : Mr.D.B.R.Prabu, Standing Counsel For 3rd Respondent : Mr.S.Giritharan ******

J U D G M E N T

(Judgment of the Court was delivered by R.SUBRAMANIAN, J.) The petitioners seek action against the 3rd respondent for putting up construction without planning permission.

2. The Zonal Officer of the Greater Chennai Corporation has filed a status report.

3. A perusal of which shows that no planning permission has been obtained by the 3rd respondent for the construction that is in progress.

Though it is claimed that the construction would come under the selfcertification scheme, we find that even the requirements of that Scheme have not been complied with.

4. According to the learned counsel for the Corporation, no application has been filed.

5. Hence, there will be a direction to the Corporation to take action under the provisions of the Tamil Nadu Town and Country Planning Act to stop further construction and also remove the construction, which is put up without sanctioned plan.

6. It will be open to the 3rd respondent to approach the Corporation for approval under the self-certification scheme. If any such application is filed, the Corporation will consider the same without being influenced by any observation made by us in this order.

7. With the above direction, this Writ Petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed. (R.S.M., J.) (C.K., J.) 18.12.2024 dsa Index : No : No Speaking order To 1.The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai - 600 003.

2.The Assistant Engineer, Ward - 113, Zone -09, Corporation of Chennai, Choolaimedu, Chennai - 600 094.

R.SUBRAMANIAN, J.

and C.KUMARAPPAN, J.

dsa 18.12.2024