Tmt.Neelima v. The Corporation Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.12.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Neelima
...Petitioner
Vs.
1.The Corporation Commissioner, Greater Chennai Corporation, Ripon Building, 1st Floor, Raja Muthiah Road, Periyamet, Chennai - 600 003.
2.The Secretary, Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.
3.The Executive Engineer, TANGEDCO,NPKRR Maaligai, 144, Anna Salai, Chennai - 600 002.
4.The Director, Fire and Rescue Services, No.17, Rukmani Lakshmipathy Road, Egmore, Chennai - 600 008.
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5.The President, The Owners Association, G.G.Emerald, No.312, Valluvar Kottam High Road, Nungambakkam, Chennai - 600 034.
...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus, directing the respondents 1, 2 and 4 to consider the representation dated 22.04.2022 and to take action against the officials who were responsible for unlawful construction and possession of unauthorized and unapproved commercial building situated at No.312, G.G.Emerald Commercial building in Nungambakkam Highway, Chennai - 34.
For Petitioner : Mr.D.Alexis Sudhakar For Respondents : Mr.C.N.Vinobha for R2 Mr.D.B.R.Prbhu for R1 Mr.L.Jaivenkatesh for R3 Mr.Vadivelu Deenadayalan, Additional Government Pleader for R4 ********* 2/6
O R D E R
(Order of the Court was made by R.SUBRAMANIAN, J.) The complaint of the petitioner is that the building in question bearing name G.G.Emerald at No.312, Nungambakkam Highway, Chennai - 34 has been constructed without a planning permission.
2. The claim of the petitioner is based on an information furnished under the Right To Information Act. The information that is sought for is as to whether any enforcement action is taken against the building and it is replied in negative. That will not lead to the conclusion that the building is without planning permission.
3. The learned counsel appearing for the 5th respondent has filed a typed set which shows that the building has a planning permission as well as no objection letter from the Director of Fire Safety Department, apart from the completion certificate by the Member Secretary of Chennai Metropolitan Development Authority dated 28.11.2003.
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4. Hence, we do not find any merits in the writ petition. The writ petition therefore fails and it is accordingly dismissed. No costs. (R.S.M.,J.) (K.B.,J.) 02.12.2022 dsa Index : No Internet : Yes Speaking order 4/6
To:- 1.The Corporation Commissioner, Greater Chennai Corporation, Ripon Building, 1st Floor, Raja Muthiah Road, Periyamet, Chennai - 600 003.
2.The Secretary, Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.
3.The Executive Engineer, TANGEDCO,NPKRR Maaligai, 144, Anna Salai, Chennai - 600 002.
4.The Director, Fire and Rescue Services, No.17, Rukmani Lakshmipathy Road, Egmore, Chennai - 600 008.
5.The President, The Owners Association, G.G.Emerald, No.312, Valluvar Kottam High Road, Nungambakkam, Chennai - 600 034.
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R.SUBRAMANIAN, J.
and K.KUMARESH BABU, J.
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