S.Karthikeyan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.06.2023
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE P. DHANABAL S.Karthikeyan ...
Petitioner versus 1.The District Collector, Chengalpattu District, Collector Office, GST Road, Chengalpattu District -603001.
2.The Director of Municipal Administration, Directorate of Municipal Administration, No.75, Urban Administrative Building, Santhome High Road, MRC Nagar, Raja Annamalai, Chennai -600028.
3.The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu-Natarajan Maaligai, No.1, Gandhi Irwin Road, Egmore, Chennai- 600008.
4.The Commissioner, Tambaram City Municipal Corporation, Chennai-600 059.
5.Mrs.B.Kasthuri 1/7
6.M/s.Dinesh Construction, Represented by its Proprietor, Mr.T.A.Balaraman. 7.Mr.John Premchander ...
Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for the issuance of a writ of Mandamus, directing first, second, third and fourth respondent authorities to take necessary action to demolish the illegal Falt Unit "G1", constructed on the ground floor of the residential apartment "Dinesh Diamond Apartment" comprised in Resurvey No.332/3A Part and 332/3C Part and presently Town Survey No.15, Block-22, Ward-H, of Tambaram, Chennai-600 059, Tambaram Taluk, Chengalpattu District, by encroaching the car parking in violation to the approved building plan permit, within specified period.
For Petitioner : I.Prakash Raj For Respondents : Mr.E.Vijay Anand Additional Government Pleader for respondents 1 & 2 Mr.C.N.Vinoha Standing Counsel for CMDA for third respondent Mr.P.Srinivas for fourth respondent Mr.S.M.S.Sriram for respondents Nos.5 and 6 No appearance for 7th respondent 2/7
ORDER
(Order of the Court was made by D.KRISHNAKUMAR, J.) This writ petition has been filed for a Mandamus, directing first, second, third and fourth respondent authorities to take necessary action to demolish the illegal Falt Unit "G1", constructed on the ground floor of the residential apartment "Dinesh Diamond Apartment" comprised in Resurvey No.332/3A Part and 332/3C Part and presently Town Survey No.15, Block-22, Ward-H, of Tambaram, Chennai-600 059, Tambaram Taluk, Chengalpattu District, by encroaching the car parking in violation to the approved building plan permit, within specified period.
2.
report has been filed by the fourth respondent/Commissioner of Corporation, wherein it is stated that, on receipt of the notice in the present writ petition, the respondent herein came to know about the violation in the property in question. After receipt of the copy of the affidavit in the present writ petition, the property in question was inspected on 26.09.2022 by the officials 3/7
of the Corporation and the plan of the building was compared with the existing structure in the site. As per the available plan produced by the sixth respondent, the building is of stilt plus two floors and the building should have set back spaces all sides of building as per the approved plan. On inspection, it is found that the set back spaces are much less compared to the required set back spaces. On average, a set back space of 1.5 meters has to be left all around the building. But on site, only about .3 m to .90 m has been left all around.
3. It is further stated in the report that in the ground floor stilt portion, that is to be used for vehicle parking, a separate dwelling has been constructed, with the extent of 5.98m by 8.08 m, for the said violation, a show cause notice dated 27.09.2022, has been issued to the persons having dwelling in the buildings. In the said notice, 15 days' time was given to respond to the same.
4. It is further stated in the report that, after the expiry of the time of 15 days, the respondents would take action against the owners of the building for the unauthorized construction/deviations, in the building.
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5. Considering the statement made in the above report, the respondent Corporation is directed to proceed further for taking necessary action for the violation of the deviation as per the approved plan. The said action shall be taken within a period of twelve weeks from the date of receipt of a copy of this order, and if necessary, opportunity shall be granted to the parties.
6. With the above directions, the writ petition stands disposed of. There will be no order as to costs.
[D.K.K., J.] [P.D.B., J.] 19.06.2023 Index : Yes/No mrn 5/7
D.KRISHNAKUMAR, J.
and P. DHANABAL, J.
(mrn) To 1.The District Collector, Chengalpattu District, Collector Office, GST Road, Chengalpattu District -603001.
2.The Director of Municipal Administration, Directorate of Municipal Administration, No.75, Urban Administrative Building, Santhome High Road, MRC Nagar, Raja Annamalai, Chennai -600028.
3.The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu-Natarajan Maaligai, No.1, Gandhi Irwin Road, Egmore, Chennai- 600008.
4.The Commissioner, Tambaram City Municipal Corporation, Chennai-600 059.
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