D.Albert Raj v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.01.2024 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY D.Albert Raj .. Petitioner vs 1.The State of Tamil Nadu, rep. by its Secretary to Government, Housing and Urban Development Department, Secretariat, Fort St. George, Chennai-600 009.
2.The Member Secretary, Chennai Metropolitan Development Authority, Egmore, Chennai.
3.The Commissioner, Greater Chennai Corporation, Chennai - 600 003.
4.The Executive Engineer - 1, Zone 13, Greater Chennai Corporation, No.115, Dr.Muthulakshmi Road, Adyar, Chennai-600 020.
5.Hiralal .. Respondents
Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents 1 to 4 to take action and demolish the illegal construction put up at Door No.10/20, Bharathiar Street, Lakshmipuram, Thiruvanmaiyur, Chennai-600 041.
For the Petitioner : Mr.AR. Karthik Lakshmanan For the Respondents : Mr.K.Karthik Jagannath Government Advocate for respondent No.1 : Ms.C.N.Vinobha Standing Counel for respondent No.2 : Mr.D.B.R.Prabhu Standing Counsel for respondent Nos.3 and 4 : No appearance for respondent No.5
ORDER
(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.AR. Karthik Lakshmanan, learned counsel for the petitioner; Mr.K.Karthik Jagannath, learned Government Advocate
for respondent No.1; Ms.C.N.Vinobha, learned Standing Counsel for respondent No.2; and, Mr.D.B.R.Prabhu, learned Standing Counsel for respondent Nos.3 and 4.
2. According to learned counsel for the petitioner, the Corporation has not taken action against the unauthorised building of the fifth respondent. Admittedly, the building is unauthorised. The fifth respondent had approached this Court by filing W.P.No.9060 of 2022. This Court granted three months' time to carry out the rectification of the said building. However, the fifth respondent has not carried out the rectification till date. As such, the Corporation should take action for demolition of the building.
3. The Corporation has filed an affidavit to the effect that the fifth respondent had applied for demolition and reconstruction of the said building. The application of the fifth respondent was scrutinized and demolition and reconstruction plan was accorded sanction under order dated 27.10.2022. Further, the demolition and reconstruction plan is valid up to 26.10.2027.
4. The Corporation has exercised its power. In case the Corporation exercised its power in an erroneous manner, it is for the aggrieved party to assail the same as may be permissible under law.
5. With these observations, the writ petition stands disposed of. There shall be no order as to costs. Consequently, W.M.P.No.27904 of 2022 is closed.
(S.V.G., CJ.) (D.B.C., J.) 11.01.2024 Index :
Yes/No :
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To 1.The Secretary to Government, State of Tamil Nadu, Housing and Urban Development Department, Secretariat, Fort St. George, Chennai-600 009.
2.The Member Secretary, Chennai Metropolitan Development Authority, Egmore, Chennai.
3.The Commissioner, Greater Chennai Corporation, Chennai - 600 003.
4.The Executive Engineer - 1, Zone 13, Greater Chennai Corporation, No.115, Dr.Muthulakshmi Road, Adyar, Chennai-600 020.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.
bbr 11.01.2024