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Madras High CourtWMP/27775/2025disposed of

K.Subramanian v. The Commissioner,

2025-10-24Honourable Mr Justice S. M. Subramaniam,Honourable Mr.Justice K.Rajasekar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-10-2025

CORAM

THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR IN WP NO. 3053 OF 2025

1. K.Subramanian Petitioner(s) Vs

1. The Commissioner, Greater Chennai Corporation, Park Town, Chennai-600 003.

2.Executive Engineer Greater Chennai Corporation, Zone-15, Rajiv Gandhi Salai, Sholinganallur, Chennai.

3.The Assistant Executive Engineer Greater Chennai Corporation, Unit-44, Zone-15, Rajiv Gandhi Salai, Sholinganallur, Chennai.

4.The Assistant Engineer Greater Chennai Corporation,

Division-197, Unite-44, Zone-15, Rajiv Gandhi Salai, Sholinganallur, Chennai.

Respondent(s) PRAYER To modify the order dated 23.04.2025 accordingly in WP.No. 3053 of 2023. For Petitioner(s):

Mr.S.Poovendhan For Respondent:

Mr.D.B.R.Prabhu Standing Counsel for R1-4

ORDER

(Order of the Court was made by S.M.Subramaniam J.) The learned counsel for the petitioner would submit that the petitioner has mistakenly typed the description of the property. Since it is a typographical error made in the affidavit filed by the petitioner, the present petition is filed.

2. In paragraph No.3 of the petition, it is stated that In the said affidavit, due to an inadvertent and bona fide typographical error, it was wrongly stated that I shall demolish the "Eastern portion Villa". However, the portion that is actually required to be demolished, and was always intended to be demolished, is the "Western portion Villa".

3. Considering the petition filed by the petitioner, the following correction shall be made in Para No.1 of the order dated 23.04.2025, "6. I submit that I shall now demolish the

Western portion Villa entirely. I submit that after I demolish the Western portion Villa my FSI consumption shall be 0.8. I further state that there is no floor violation in the construction.

7. I Submit that I will also remove the projected beams on the side which will also reduce the setback violations and I therefore humbly pray that this Hon'ble Court may be pleased to accept this affidavit and allow the Writ Petition as prayed for thus enabling me to carry out the demolition of Western Villa & other portion of the building within a stipulated time to bring the building within the parameters of the sanctioned plan bearing Planning Permission No.PPA/WDCN15/06526/2022 and Building Permission No.

BA/WDCN15/04975/2022

8. I undertake to carry out the demolition and rectification within a period of 4 months and also undertake to obtain a revised plan if necessary for the building after carrying out the demolition of part of the building."

4. Registry is directed to carryout the aforesaid corrections and issue fresh order copy.

(S.M.SUBRAMANIAM J.)(K.RAJASEKAR J.) 24-10-2025 gd Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Commissioner, Greater Chennai Corporation, Park Town, Chennai-600 003.

2.Executive Engineer Greater Chennai Corporation, Zone15, Rajiv Gandhi Salai, Sholinganallur, Chennai.

3.The Assistant Executive Engineer Greater Chennai Corporation, Unit-44, Zone-15, Rajiv Gandhi Salai, Sholinganallur, Chennai.

4.The Assistant Engineer Greater Chennai Corporation, Division-197, Unite-44, Zone-15, Rajiv Gandhi Salai, Sholinganallur, Chennai.

S.M.SUBRAMANIAM J.

AND K.RAJASEKAR J.

gd IN WP NO. 3053 OF 24-10-2025