L.Abhishek v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.06.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU L.Abhishek .. Petitioner Vs 1.The Commissioner, Greater Chennai Corporation, Ripon Building, Park Town, Chennai-600 003.
2.The Regional Deputy Commissioner (South), Greater Chennai Corporation, Adyar, Chennai-600 020.
3.The Assistant Commissioner, Zone 12 (Ward No.157) Greater Chennai Corporation, Alandur, Chennai - 600 016.
4.The Member - Secretary, Enforcement Wings (South), CMDA, 1, Gandhi Irwin Road, Egmore, Chennai-600 008.
5.T.Ravi .. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondent authorities to take action against the illegal and unauthorised construction at Door No.1/473, Periya Colony, Manapakkam, Chennai-600 125 based on the petitioner's representation dated 10.8.2022 to the respondent authorities 1 to 4. For the Petitioner : Mr.S.Kamalesh Kannan For the Respondents : Mr.D.B.R.Prabhu for respondents 1 to 3 : Mr.L.Chandrakumar for respondent No.5 : No appearance for respondent No.4
ORDER
(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.S.Kamalesh Kannan, learned counsel for the petitioner; Mr.D.B.R.Prabhu, learned counsel for respondents 1 to 3 and, Mr.L.Chandrakumar, learned counsel for the fifth respondent.
2. The writ petition is filed against the unauthorized construction carried out by the fifth respondent.
3. Learned counsel for the petitioner submits that this Court had granted interim relief. The fifth respondent was injuncted from
raising any construction in the writ land.
4. Learned counsel for the fifth respondent submits that the fifth respondent has subsequently moved an application under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971 before the Government and the same is pending. Learned counsel for the fifth respondent, on instructions, submits that unless an order is passed permitting the fifth respondent to raise construction, no further construction would be carried out.
5. In view of the above, the writ petition stands disposed of. There will be no order as to costs. The parties may take steps pursuant to the order that may be passed in the application filed under Section 80-A of the Act, as quoted above. (S.V.G., CJ.) (P.D.A., J.) 20.06.2023 Index :
Yes/No :
Yes/No bbr
To:
1.The Commissioner, Greater Chennai Corporation, Ripon Building, Park Town, Chennai-600 003.
2.The Regional Deputy Commissioner (South), Greater Chennai Corporation, Adyar, Chennai-600 020.
3.The Assistant Commissioner, Zone 12 (Ward No.157) Greater Chennai Corporation, Alandur, Chennai - 600 016.
4.The Member - Secretary, Enforcement Wings (South), CMDA, 1, Gandhi Irwin Road, Egmore, Chennai-600 008.
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.
bbr 20.06.2023