Mrs.Meera @ Meera Bai v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :: 04.10.2016 CORAM :
THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.34687 of 2016 and WMP No. 29144 of 2016
1. Mrs. Meera @ Meera Bai
2. Mr. Praveen Kumar Both are represented by their Power Agent Mr.K.R. Srinivasan ...
Petitioners -vs1.The State of Tamil Nadu, rep.by its Secretary, Housing and Urban Development Department, Fort St.George, Chennai-9.
2.The Member Secretary, Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Road, Egmore, Chennai-8.
3.The Commissioner, Corporation of Chennai, Rippon Building, Chennai-600 003.
...
Respondents Writ Petition under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, to direct the respondents to forthwith remove the lock and seal in respect of the premises at Old No.129, New No.l38, Anna Pillai Street, Sowcarpet, Chennai-600 079, so as to enable the petitioners to rectify and restore the said premises in conformity with the sanctioned plan on the basis of the representation, dated 30.08.2016.
For petitioners : Mr.L.Chandrakumar For respondent 1: Ms.Vasudha Thiagarajan, Additional Government Pleader For respondent 2 : Mr.N. Sampath For respondent 3 : Mr.V.C.Selvasekaran
O R D E R
(Order of the Court was made by Huluvadi G.Ramesh, J.) Ms.Vasudha Thiagarajan, Additional Government Pleader, takes notice for first respondent; Mr.N. Sampath for second respondent; and Mr.V.C.Selvasekaran for third respondent.
2. This Writ Petition is filed by the petitioners, represented by their Power Agent, seeking for a direction to the respondents to forthwith remove the lock and seal in respect of the premises at Old No.129, New No.l38, Anna Pillai Street, Sowcarpet, Chennai-600 079, so as to enable them to rectify and restore the said premises in conformity with the sanctioned plan, on the basis of the representation, dated 30.08.2016.
3. According to the Petitioner, they are the coowners of the abovesaid premises, which was purchased through an absolute sale deed and the construction was made thereon as per the Planning Permission issued by the Corporation for construction of stilt floor + 2 floors of commercial-cumresidential building and due assessment of property and various taxes thereto were also made and done and, therefore, he is in full enjoyment of the property without any hindrance. While so, alleging violation, the officials of the Chennai Corporation served a notice on 20.01.2015 to produce the plan with a specified period, which, according to the petitioner, came to be complied with along with a letter, dated 21.01.2015.
The further case of the petitioner is, that in spite of the above, to his shock and surprise, the second respondent served another notice, dated 08.06.2015, invoking Sections 56 & 57 read with Section 85 of the Tamil Nadu Town and Country Planning Act, thereby intending to locking and sealing and demolition of the premises and, thereafter, the premises came to be locked and sealed on 26.08.2016. The petitioner would further state that he is ready to rectify the deviations in the building as per the rules and regulations and, in this regard, he has also submitted a representation, dated 30.08.
forthcoming. Hence, the petitioner has approached this Court with this Writ Petition, for the relief stated supra.
4. Heard the learned counsel for the parties.
5. In respect of the alleged violation of the Planning Permission issued for construction of the building, a notice, dated 20.01.2015, has been issued by second respondent - CMDA, pointing out certain irregularites in the construction of the building.
6. Learned counsel for the petitioner undertakes to rectify the defects pointed out by the second respondent within a reasonable time. It is also submitted, that pursuant to the notice issued under Sections 56 & 57 read with Section 85 of the Tamil Nadu Town and Country Planning Act, the second respondent has locked and sealed the premises.
7. Considering the facts and circumstances of the case, we feel, interest of justice would be subserved if the petitioner is given an opportunity to rectify the defects pointed out by the second respondent within a reasonable time. Therefore, we direct the second respondent to remove the lock and seal made to the premises in question within a period of one week from the date of receipt of a copy of this order so as to facilitate the petitioner to rectify the defects and, thereafter, it is for the petitioner to comply with the deviations pointed out by the second respondent within a period of two months. On satisfaction of compliance so made by the petitioner, it is for the second respondent/authority to take a final decision on the matter in accordance with law. Till then, no coercive action shall be taken by the respondents against the petitioner.
8. The Writ Petition is disposed of accordingly. Consequently, the connected M.P is closed. No costs. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar avr To 1.The Secretary, State of Tamil Nadu, Housing and Urban Development Department, Fort St.George, Chennai-9.
2.The Member Secretary, Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Road, Egmore, Chennai-8.
3.The Commissioner, Corporation of Chennai, Rippon Building, Chennai-600 003.
1 cc to Mr.K.Raja srinivas, Advocate, sr.57707 1 cc to M/s.N.Sampath, Advocate, sr.57210 1 cc to L.Chandrasekar, 56970 1 cc to Government Pleader, sr.57336 W.P.No.34687 of 2016 and WMP No. 29144 of 2016 ad co kra 07.10.2016