Mrs.Gnanam Lakshman v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.11.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P.No.30450 of 2016 and W.M.P.Nos.26401 & 29947 of 2016 Gnanam Lakshman .. Petitioner -vs1.The Commissioner, Corporation of Chennai, Ripon Buildings, EVR High Road, Chennai-600 003.

2.The Zonal Officer, Corporation of Chennai, Zone No.XIII, L.B.Road, Adyar, Chennai-600 020.

3.The Executive Engineer, Corporation of Chennai, Zone XIII, Ward No.173, L.B.Road, Adyar, Chennai-600 020.

4.The Member Secretary, CMDA, Door No.8, Gandhi Irwin Road, Egmore, Chennai-600 008.

5.Sathyabama Babu .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondents 1 to 4 to take action on the representation dated 27.7.2016 and 1.8.2016 as per Section 56 of the Tamil Nadu Town and Country Planning Act against the 5th respondent for the illegal constructiion at her premises at No.31/4, Raja Street Extension, Mandaiveli, Chennai-600 028 without any lawful sanctioned building plan in accordance with the building planning permission rules from the authorities concerned more particularly from the respondents 1 to 4.

For Petitioner :

Mr.S.Muthukumar For Respondents :

Mr.R.Arunmozhi for R1 to R3 Mr.Rajasrinivas for R4 Mr.R.Ravanan for R5 https://hcservices.ecourts.gov.in/hcservices/

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) The fight between the petitioner and respondent No.5 as neighbours has resulted in notices being issued under Sections 56 and 57 read with Section 85 of the Tamil Nadu Town and Country Planning Act, 1971 dated 31.10.2016 to respondent No.5 and to the petitioner dated 07.11.2016 to cause their plans to be produced.

2. We grant last opportunity of one week to both parties to produce their respective sanctioned plans in pursuance to the aforesaid notices, whereafter, on verification, the authorities will proceed in accordance with law. The proceedings will be concluded within a period of two months from today.

3. The writ petition, accordingly, stands disposed of. No costs. Consequently, W.M.P.Nos.26401 & 29947 of 2016 are closed. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar bbr To 1.The Commissioner, Corporation of Chennai, Ripon Buildings, EVR High Road, Chennai-600 003.

2.The Zonal Officer, Corporation of Chennai, Zone No.XIII, L.B.Road, Adyar, Chennai-600 020.

3.The Executive Engineer, Corporation of Chennai, Zone XIII, Ward No.173, L.B.Road, Adyar, Chennai-600 020.

4.The Member Secretary, CMDA, Door No.8, Gandhi Irwin Road, Egmore, Chennai-600 008.

+ 1 cc to Mr.S. Muthukumar, Advocate Sr.64681 + 1 cc to M/s. R. Arunmozhi, Advocate SR.64423 + 1 cc to M/s. C. Wilson, Advocate Sr.64692 + 1 cc to M/s. K. Raja Shrinivas, Advocate sr.65004 W.P.No.30450 of 2016 PPA(CO)EU 16.11.16 https://hcservices.ecourts.gov.in/hcservices/