Smt. D.P.Chandramathy v. Avadi Municipality

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.02.2016

CORAM:

THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE M. VENUGOPAL W.P. No.3421 of 2016 and W.M.P. No.2795 of 2016 D.P. Chandramathy ... Petitioner Vs.

Avadi Municipality represented by its Commissioner Office of the Municipality Avadi, Avadi-Poonamallee Taluk Tiruvallur District ... Respondent Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus, to call for the records of the respondent made in Na.Ka.No.10538/2015/F1 dated 03.11.2015 and to quash the same and direct the respondent to permit the petitioner to resubmit the regularisation plan in future.

For petitioner : Mr. R. Balasubramanian for M/s. Delight Law Associates

ORDER

(delivered by SATISH K. AGNIHOTRI, J.) This writ petition is filed questioning the legality and validity of the notice dated 03 November 2015 issued by the respondent Municipality. By the impugned notice, the petitioner has been directed to demolish and remove the unauthorised building within a period of three days. It has been further observed therein that in the event of the petitioner's failure, the Municipality workers would do the same at the petitioner's cost.

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2.On 12 August 2015, the petitioner's application dated 04 August 2015 seeking approval of the building was returned by the respondent Municipality, pointing out certain defects. Subsequent thereto, the petitioner filed neither any response nor any fresh application for approval along with the required documents. Thus, the impugned notice came to be issued on 03 November 2015, as aforestated.

3.When the petitioner was given sufficient time to resubmit the application along with necessary documents, she had miserably failed to submit plan for approval. Indisputably, the building in question is unauthorised, which requires demolition. Consequently, we are not inclined to interfere with the impugned notice.

Resultantly, the writ petition stands dismissed sans costs. Connected W.M.P. is closed.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar cad To The Commissioner Avadi Municipality Office of the Municipality Avadi, Avadi-Poonamallee Taluk Tiruvallur District.

+1cc to M/s. Delight Law Associates, Advocate, S.R.No.6190 +1cc to the Government Pleader, S.R.No.6518 W.P. No.3421 of 2016 PPA(CO) CA(09/02/2016) https://hcservices.ecourts.gov.in/hcservices/