Bommi Reddy Suresh Reddy v. The Government Of Tamilnadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 9.11.2016
CORAM
The HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE R.MAHADEVAN W.P.No.39140 of 2016 Bommi Reddy Suresh Reddy .. Petitioner Vs.
1. The Government of Tamil Nadu rep. by Secretary to Government Housing and Urban Development Department Fort St. George, Secretariat Chennai - 600 009.
2. The Member Secretary Chennai Metropolitan Development Authority No.1, Gandhi Irwin Road, Egmore Chennai - 600 008.
3. The Commissioner Greater Corporation of Chennai Rippon Building, Park Town Chennai - 600 003.
4. The Executive Engineer TP (Enforcement-Chennai South) Regional Deputy Commissioner (South) Office Enforcement Cell, Adyar Chennai - 600 020.
.. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of Mandamus to direct respondents 3 and 4 to forthwith remove the Lock and Seal put up by the fourth respondent herein in the premises of the petitioner situate at Plot No.499, 4th South Main Road, Sri Kapaleeswarar Nagar, Neelankarai, Chennai - 600 115 pursuant to the order of the first respondent vide Letter No.20847/UD-VII(2)/2016-1, dated 14.10.2016.
For Petitioner : Mr.AR.L.Sundaresan Senior Counsel for M/s.A.L.Ganthimathi For Respondents : Mr.R.Vijayakumar Addl. Government Pleader for 1st respondent Mr.N.Sampath for 2nd respondent Mr.A.Nagarajan for 3rd respondent
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) The petitioner has a sanction plan. The petitioner has violated the sanction plan by constructing on the second floor. The petitioner has not applied for regularization or a modified plan. In view of these admissions, really there is no comparison to be done at the site construction with the sanction plan and what is required from the petitioner is to apply for the modified plan.
2. The learned Senior Counsel for the petitioner states that the modified plan will be submitted within ten days to the appropriate authority. The appropriate authority, in turn, will take a decision in respect of the same within three weeks thereafter and on such approval, if made, the property will be de-sealed immediately.
The petition, accordingly, stands disposed of. No costs. Consequently, W.M.P.No.33509 of 2016 is closed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar
To:
1. The Government of Tamil Nadu rep. by Secretary to Government Housing and Urban Development Department Fort St. George, Secretariat Chennai - 600 009.
2. The Member Secretary Chennai Metropolitan Development Authority No.1, Gandhi Irwin Road, Egmore Chennai - 600 008.
3. The Commissioner Greater Corporation of Chennai Rippon Building, Park Town Chennai - 600 003.
4. The Executive Engineer TP (Enforcement-Chennai South) Regional Deputy Commissioner (South) Office Enforcement Cell, Adyar Chennai - 600 020.
+1cc to Mr.A. Nagarajan, Advocate, S.R.No.64432 +1cc to Mr.al.Ganthimathi, Advocate, S.R.No.64493 +1cc to M/s.N. Sampath, Advocate Sr.No.65024 sai(CO) md(23/11/2016) W.P.No.39140 of 2016