Mr.B.Zakkariya, v. The Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 19.06.2023 Coram:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE P.DHANABAL Writ Petition No.28536 of 2019 and W.M.P.Nos.28275 and 28277 of 2019 Mr.B.Zakkariya .. Petitioner Vs.
1. The Commissioner, Greater Chennai Corporation, Rippon Buildings, Park Town, Chennai-600 003.
2. Executive Engineer, Zone 05, Greater Chennai Corporation, Mint, Chennai.
3. Assistant Executive Engineer, Unit 13, Greater Chennai Corporation, Chennai.
4. Assistant Engineer, Div 060, Greater Chennai Corporation, Chennai.
5. Burkanisha (Fifth respondent impleaded vide order dated 08.12.2002 made in W.M.P.No.6382 of 2020 in W.P.No.28536 of 2019) .. Respondents 1 / 5
Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari to call for the records of the respondents in connection with the notice affixed on the premises of the petitioner under Section 56(2A) of Tamil Nadu Town and Country Planning Act, 1971 and quash the same. (Prayer amended, vide order dated 08.12.2022 made in W.M.P.No.30614 of 2022 in W.P.No.28536 of 2019) For petitioner : Mr.V.V.Sairam For respondents: Mr.G.T.Subramanian, Standing Counsel for RR-1 to 4 Mr.S.Mohamed Ansar for R-5
ORDER
(The Order of the Court was made by D.Krishnakumar, J) This Writ Petition is filed for issuance of a Writ of Certiorari to call for the records of the respondents in connection with the notice affixed on the premises of the petitioner under Section 56(2-A) of the Tamil Nadu Town and Country Planning Act, 1971 and quash the same.
2. Pursuant to the order passed by this Court on 02.06.2023, the respondent/Corporation of Chennai had conducted enquiry and passed order stating that, on 08.06.2023, the petitioner attended the enquiry with relevant documents and his representation has been duly considered and the same was 2 / 5
rejected due to the reason that unauthorised construction has been made in ground + 3 floors without approval or plan from the Greater Chennai Corporation. Thus, as final order is passed on the said representation, the respondents-Greater Chennai Corporation is hereby directed to take necessary action for removal of unauthorised construction in accordance with law. Consequently, the Writ Petition is dismissed. There shall be no order as to costs. Consequently, W.M.P. is closed.
(D.K.K., J) (P.D.B., J) 19.06.2023 Index: Yes/no Speaking Order: Yes/no cs To
1. The Commissioner, Greater Chennai Corporation, Rippon Buildings, Park Town, Chennai-600 003.
2. Executive Engineer, Zone 05, Greater Chennai Corporation, Mint, Chennai.
3 / 5
3. Assistant Executive Engineer, Unit 13, Greater Chennai Corporation, Chennai.
4. Assistant Engineer, Div 060, Greater Chennai Corporation, Chennai.
4 / 5
D.KRISHNAKUMAR, J and P.DHANABAL, J cs 19.06.2023 5 / 5