R.Kumaraguru v. The Principal Secretary/The Commissioner

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN W.P.Nos.33580, 33582 & 33586 of 2024 and W.M.P.No. 36375 of 2024 R.Kumaraguru

...Petitioner in all writ petitions

Vs.

1.The Principal Secretary / The Commissioner, The Greather Chennai Corporation, Ripon Building, Chennai - 600 003.

2.The Commissioner, Tambaram City Municipal Corporation, 28, Muthurangan Mudali Street, Tambaram (West), Chennai - 600 045.

...Respondents 1 & 2 in the all the petitions

3.V.Rekha 4.K.M.Construction, No.4, Rajaji First Lane, Tambaram West, Chennai - 600045.

...Respondents 3 & 4 in W.P.No.33580 of 2024

3.Shri Jacob ... 3rd respondent in WP.NO.33582 of 2024 1/5

3. A.P.Anand Kumar 4.Suriya Builders, Plot No.4, 5th Street, Sathya Sai Nagar, Irumpuliyur, Tambaram.

...Respondents 3 & 4 in W.P.No.33586 of 2024

Common Prayer: Writ Petitions filed under 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 2nd respondent to consider the representations dated 10.01.2024, 04.04.2024 & 12.08.2024 and to take action against the unauthorized construction put up by the 3rd & 4th respondents.

For Petitioner : Mr.K.Venkatasubban in all petitions For Respondents : M/s.P.T.Ramadevi for R1 in all petitions M/s.P.Srinivas for R2 Mr.V.Manoharan for R3 & R4 C O M M O N O R D E R (Order of the Court was delivered by R.SUBRAMANIAN, J.) It is the grievance of the petitioner that three of his neighbours namely, 3rd and 4th respondents in all these writ petitions have put up 2/5

construction in violation of the sanctioned plan and a part of the construction is also encroaching upon his property.

2. Whatever construction that is in violation of the sanctioned plan, the Commissioner, Tambaram Municipal Corporation / 2nd respondent will take appropriate action to remove the offending construction by following the procedure prescribed under Section 135 of the Urban Local Bodies Act. Let the needful be done within a period of six weeks from the date of receipt of a copy of this order. In so far as the encroachment over the property is concerned, it will be open to the petitioner to move the appropriate civil Court.

3. These Writ Petitions are disposed of with the above directions. No costs. Consequently, connected miscellaneous petition is closed. (R.S.M., J.) (C.K., J.) 20.12.2024 kkn Internet:Yes Index: No Speaking order 3/5

To:

1.The Principal Secretary / The Commissioner, The Greather Chennai Corporation, Ripon Building, Chennai - 600 003.

2.The Commissioner, Tambaram City Municipal Corporation, 28, Muthurangan Mudali Street, Tambaram (West), Chennai - 600 045.

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R.SUBRAMANIAN, J.

and C.KUMARAPPAN, J.

KKN W.P.Nos.33580, 33582 & 33586 of 2024 and W.M.P.No. 36375 of 2024 20.12.2024 5/5