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Madras High CourtWP/28426/2025disposed of

Anandakumar v. The Commissioner

2025-07-30Honourable Mrs Justice J. Nisha Banu,Honourable Mr.Justice M.Jothiraman6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-07-2025

CORAM

THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN WP No. 28426 of 2025

1. ANANDAKUMAR S/o. Periaiah, Door No.20/11, Gengu (R) Road, Posala Gengu Road, Egmore, Chennai-600 008 Petitioner(s) Vs

1. The Commissioner Greater Chennai Corporation, Rippon Building, Chennai-600 003 2.The Executive Engineer, Zone-v, No.9, Chidambaram 7th Street, Basing Bridge, Chidambaram Nagar, Sowcarpet, Chennai-600 001.

3.The Assistant Executive Engineer, Unit 14, Zone V, Egmore, Chennai 4.The Assistant Engineer, Division, 61, Zone V, Egmore, Chennai Respondent(s)

PRAYER: Directing the Respondents to de-seal petitioner-s property bearing Old Door No.11, Present Door No.21 Poosala Gengu Reddy Street, Egmore, Chennai 600 008, (Northern Side) comprised in R.S. No.690/1 O.S. No1045 and 1052 C.C. No.364 (as per Patta dated 26.08.1994, C.A. No.444/94-95 the R.S. No.690/1 falls in Chinna Reddy Street, and Poosala Gengu Reddy Street) measuring about 81 feet x 33 cents 2678 Sq.ft. to Enable the Petitioner to remove the deviated construction and to restore the property in accordance with the sanctioned planning permission and in conformity with the Tamil Nadu Combined Development and Building Rules, 2019. For Petitioner(s):

K.Siva Subramanian S. Aiyshwarya For Respondent(s):

Mr. D.B.R. Prabhu Sc For The Respondents

ORDER

(Order of the Court was made by J.Nisha Banu J.) This writ petition has been filed to de-seal petitioner's property bearing Old Door No.11, Present Door No.21 Poosala Gengu Reddy Street, Egmore, Chennai 600 008, (Northern Side) comprised in R.S. No.690/1 O.S. No1045 and 1052 C.C. No.364 (as per Patta dated 26.08.1994, C.A. No.444/94-95 the R.S. No.690/1 falls in Chinna Reddy Street, and Poosala Gengu Reddy Street) measuring about 81 feet x 33 cents 2678 Sq.ft. to Enable the Petitioner to remove the deviated construction and to restore the property in accordance with the sanctioned planning permission and in conformity with the Tamil Nadu

Combined Development and Building Rules, 2019.

2. It is the case of the petitioner that he is owner of the said property by virtue of release deed, dated 14.07.2011, executed by his family members. According to the petitioner, during the year 2002, his father constructed the building, after obtaining necessary planning permission from the authorities concerned and the property was assessed to property tax and the same has been paid by him. While that being so, the respondents issued a notice dated 24.01.2019 to the petitioner to produce the original sanctioned plan. In this regard, the petitioner submitted his reply along with the sanctioned plan, stating that the building was constructed by his father 17 years ago, in accordance with the plan. Subsequently, the respondents issued a lock and seal notice dated 18.03.2022 and also de-occupation notice on 25.06.2024.

It is stated by the petitioner that he filed an appeal under Section 80-A of Town and Country Planning Act against the said notices and the same is pending. However, the respondents sealed the property on 24.07.2025. According to the petitioner, the deviations are rectifiable in nature and hence, to restore the property, as per the building approval plan, he requested the respondents to de-seal the premises. As the same was not considered, the petitioner filed the present writ petition.

3. Heard the learned Standing Counsel, who takes notice for the respondents.

4. The petitioner himself admitted that there is some deviations in the building structure and that he is ready to restore the building as per the approved planning permission.

5. In view of the above, the respondents are directed to de-seal the property forthwith. The petitioner is directed to bring the property in accordance with the plan, within a period of four weeks from the date of de-sealing the property. It is needless to say that, if the petitioner not complies the said condition, within the stipulated time, the respondents are at liberty to re-seal the building and pursue further proceedings in accordance with law.

6. With the above directions, this writ petition is disposed of. There shall be no order as to costs.

(J.N.B.J.) (M.J.R.J.) 30.07.2025 MST Internet: Yes Index: Yes/No

To

1. The Commissioner Greater Chennai Corporation, Rippon Building, Chennai-600 003 2.The Executive Engineer, Zone-v, No.9, Chidambaram 7th Street, Basing Bridge, Chidambaram Nagar, Sowcarpet, Chennai-600 001.

3.The Assistant Executive Engineer, Unit 14, Zone V, Egmore, Chennai 4.The Assistant Engineer, Division, 61, Zone V, Egmore, Chennai

J.NISHA BANU, J.

AND M.JOHIRAMAN, J.

MST W.P.No.28426 of 2025 30-07-2025