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Madras High CourtWP/27381/2023disposed of

A.Palanikumar v. The Commissioner

2023-10-03Honourable Mrs Justice J. Nisha Banu,Honourable Mrs Justice N. Mala5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.10.2023

CORAM

THE HONOURABLE Mrs. JUSTICE J.NISHA BANU AND THE HONOURABLE Mrs.JUSTICE N.MALA W.P.No.27381 of 2023 and W.M.P.No.26819 of 2023 A.Palanikumar .... Petitioner vs

1. The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai - 600 003.

2. The Executive Engineer, Zone V, Greater Chennai Corporation, No.61, Basin bridge Road, Washermenpet, Chennai.

3. The Assistant Executive Engineer, Zone-V, Unit-14, Greater Chennai Corporation, No.2, Adhikesavalu Street, Chidtadripet.

4. The Assistant Engineer, Division-61, Greater Chennai Corporation, No.25, Driver Street, Pudupet, Chennai - 600 002.

Page 1/5

5. J.Jayapaul Mohan, S/o A.S.Joseph

...Respondents

Prayer:

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents 1 to 4 to consider the representation of the petitioner dated 2808.2023 and de-seal the premises situated in Old No.66, New No.10, Perumal street, Egmore, Chennai - 600 008 on 28.08.2023 in the light of Section 56(2) of the Tamil Nadu town and Country Planning Act, 1971.

For Petitioner : M/s.Paul and Paul For Respondents : Mr.D.B.R.Prabu, Standing Counsel for Chennai Corporation

ORDER

(Order of the Court was made by J.NISHA BANU, J.,) This Writ Petition has been filed to issue a Writ of Mandamus to direct the respondents 1 to 4 to consider the representation of the petitioner dated 2808.2023 and de-seal the premises situated in Old No.66, New No.10, Perumal street, Egmore, Chennai - 600 008 on 28.08.2023 in the light of Section 56(2) of the Tamil Nadu town and Country Planning Act, 1971.

2. It is the specific contention of the learned counsel for the petitioner that the petitioner is a tenant under the 5th respondent at Old No.66, New No.10, Perumal Street, Egmore, Chennai - 600 008 (Ground Floor , 450 sq.ft built up area) and without giving notice to the petitioner, the respondent Page 2/5

Corporation has sealed the premises. Learned counsel for the petitioner would further state that on 20.09.2023, this Court had directed the Chennai Corporation to de-seal the said premises and allow the petitioner to occupy the premises and report before this Court on 29.09.2023. However, the premises is not de-sealed till date.

3. Learned Standing Counsel for the Chennai Corporation also agreed that the premises is not de-sealed.

4. In view of the above stated position, the respondents 1 to 4 are directed to de-seal the premises forthwith since the petitioner/tenant was not put on notice before sealing the presmises. The learned counsel for the petitioner is directed to advise the petitioner to vacate the premises by 02.11.2023.

5. With the aforesaid directions, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Post the matter 'for reporting compliance' on 03.11.2023. (J.N.B., J.) (N.M., J.) 03.10.2023 vsi Index : Yes / No Internet : Yes / No Page 3/5

To

1. The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai - 600 003.

2. The Executive Engineer, Zone V, Greater Chennai Corporation, No.61, Basin bridge Road, Washermenpet, Chennai.

3. The Assistant Executive Engineer, Zone-V, Unit-14, Greater Chennai Corporation, No.2, Adhikesavalu Street, Chidtadripet.

4. The Assistant Engineer, Division-61, Greater Chennai Corporation, No.25, Driver Street, Pudupet, Chennai - 600 002.

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J. NISHA BANU, J.

and N.MALA, J.

vsi 03.10.2023 Page 5/5