N.Parasuraman v. The Additional Secretary To Government(Technical)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07-07-2025
CORAM
THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN and WMP.No.27423 of 2025 N.Parasuraman Petitioner Vs 1.The Additional Secretary to Government (Technical), Government of Tamil Nadu, Housing and Urban Development, Secretariat, Chennai-600 009.
2.The Secretary to Government, Revenue and Disaster Management (LD-I(1)] Department, Secretariat, Chennai-600 009.
3. The Additional Chief Secretary / Corporation of Chennai, Rep by its Commissioner, Rippon Buildings, No.1131, EVR Periyar Salai, Park Town, Chennai-600 003.
4. The District Collector, Chennai.
5. The Executive Engineer, Zone IX, Corporation of Chennai, No.1, Lake Area, 4th Cross Street, Nungambakkam, Chennai.
6. D.Arunagiri Respondents
PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus forbearing the respondents 3 and 5 from interfering with the petitioner's possession in the building situate at Old Door No.91, New Door No.22, Rajaji 3rd Street, Pushpa Nagar, Nungambakkam, Chennai-600 034 comprised in R.S.No.588/Part & 601/Part of Block No.34, Nungambakkam Village, Chennai measuring an extent of 2236.50 Sq.ft. pending the grant of patta in the name of the petitioner. For Petitioner :Mr.L.Jaivenkatesh For Respondents : Mr.M.Rajendran, Additional Government Pleader for R1 to R4 Mr.Ramanlal, Additional Advocate General for R5
ORDER
(ORDER of the Court was made by J.Nisha Banu J.) This Writ Petition has been filed for a Manadamus forbearing the respondents 3 and 5 from interfering with the petitioner's possession in the building situate at Old Door No.91, New Door No.22, Rajaji 3rd Street, Pushpa Nagar, Nungambakkam, Chennai-600 034 comprised in R.S.No.588/Part & 601/Part of Block No.34, Nungambakkam Village, Chennai measuring an extent of 2236.50 Sq.ft. pending the grant of patta in the name of the petitioner.
2. The case of the petitioner is that he is the owner of the aforesaid lands comprised in R.S.No.588/Part and 601/Part of Block No.34, Nungambakkam Village, Chennai measuring an extent of 2236.50 Sq.Ft. After purchasing the land, the petitioner applied for planning approval on 12.12.2022 and no steps were taken by the officials either to grant and reject the petitioner's application. According to the petitioner, the fourth respondent demanded money for construction and since the petitioner did not heed to his demand and therefore, he gave a complaint to the third respondent. Thereafter, proceedings were initiated under Sections 56 and 57 of the Tamil Nadu Town and Country Planning Act, 1971 and the fourth respondent filed W.P.No.12352 of 2023 seeking to take action against the petitioner's unauthorized construction.
According to the petitioner, he has also filed a revision under Section 80A of the TCP Act, but at the instance of the first respondent, he had to withdraw the said petition and now the respondents are trying to seal the residential portion of the building, against which the petitioner has come up with the present writ petition.
3. Today, when the matter is taken up for hearing, the learned counsel for the petitioner submitted that pending writ petition, the respondents have sealed the premises in question and therefore, nothing survives for adjudication in this Writ Petition.
4. In the light of the above, this Writ Petition stands dismissed. It is open to the petitioner to workout his remedy in the manner known to law. No costs. Consequently, connected miscellaneous petition is closed. (J.NISHA BANU J.) (M.JOTHIRAMAN J.) 07-07-2025 mst Index:Yes/No Speaking/Non-speaking order Internet:Yes 1.The Additional Secretary to Government (Technical), Government of Tamil Nadu, Housing and Urban Development, Secretariat, Chennai-600 009.
2.The Secretary to Government, Revenue and Disaster Management (LD-I(1)] Department, Secretariat, Chennai-600 009.
3. The Additional Chief Secretary / Corporation of Chennai, Rep by its Commissioner, Rippon Buildings, No.1131, EVR Periyar Salai, Park Town, Chennai-600 003.
4. The District Collector, Chennai.
5. The Executive Engineer, Zone IX, Corporation of Chennai, No.1, Lake Area, 4th Cross Street, Nungambakkam, Chennai.
J.NISHA BANU, J., AND M.JOTHIRAMAN, J.
Mst 07.07.2025