Vension Park Flat Owners v. The Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.01.2017
CORAM
THE HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.SUNDAR W.P.No.41950 of 2016 Venson Park Flat Owners Association rep. by its Secretary, S.Rajasekaran New No.14, Old No.10 East Circular Road, Mandavelipakkam Chennai - 600 028.
... Petitioner Vs.
1. The Commissioner Corporation of Chennai Rippon Buildings, E.V.R. Periyar Road Chennai-600 003.
2. The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajan Building No.1 Gandhi Irwin Road Chennai-600 008.
3. The Director of School Education DPI Complex, College Road Madras-600 008.
4. The Director Fire and Rescue Services No.17 Rukmani Lakshmipathy Road Egmore, Madras-600 008.
5. The Assistant Engineer Tamil Nadu Electricity Board No.21, Santhome High Road Santhome, Chennai-600 028.
6. The Correspondent St. Antonys Girls Higher Secondary School No.28 Madha Church Road Mandavelipakkam Chennai-600 028.
... Respondents
PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of Mandamus directing respondents 1 and 2 to demolish the unauthorized/illegal construction made by the 6th respondent made at No.28, Madha Church Road, Mandavelipakkam, Chennai-600 028.
For Petitioner : Mr.V.Lakshminarayanan for M/s.R.Jayaprakash For Respondents : Mr.K.Venkataramani Additional Advocate General for Mr.R.Arunmozhi for 1st respondent Mr.N.Sampath for 2nd respondent Mr.T.N.Rajagopalan Spl. Government Pleader for respondents 3 and 4 Mr.P.R.Dhilip Kumar for 5th respondent Mr.S.Mahimairaj for 6th respondent
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) We perused the status report filed by the Chenai Corporation. The report shows that at present there is no unauthorized construction as alleged by the petitioner, but, on the other hand, the building has been de-sealed to remove the additional construction made and only rubble was being removed.
2. The learned counsel for the petitioner points out that there are certain blocks which have been built without any planning permission, an allegation which is not in question. In this behalf, it is stated that the application for planning permission submitted by the sixth respondent is pending before the Government authorities and on our query, the learned Additional Advocate General states that a decision will be taken on the same within a period of one month from today. As to what is to happen to the additional block construction without planning permission would thus, in turn, depend on the fate of that planning permission.
3. Be that as it may, the result of the decision on the planning permission may be informed to the petitioner, who has been agitating on the issue of the neighbour having unauthorized construction, soon after the decision is taken as aforesaid. The petition is accordingly closed. No costs. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar sasi To:
1. The Commissioner Corporation of Chennai Rippon Buildings, E.V.R. Periyar Road Chennai-600 003.
2. The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajan Building No.1 Gandhi Irwin Road Chennai-600 008.
3. The Director of School Education DPI Complex, College Road Madras-600 008.
4. The Director Fire and Rescue Services No.17 Rukmani Lakshmipathy Road Egmore, Madras-600 008.
5. The Assistant Engineer Tamil Nadu Electricity Board No.21, Santhome High Road Santhome, Chennai-600 028.
+1cc to Mr.R.Jayaprakash, Advocate, S.R.No.187 +1cc to Mr.R.Arunmozhi, Advocate, S.R.No.54 +1cc to Mr.N.Sampath, Advocate, S.R.No.94 +1cc to Mr.P.R.Dhilip Kumar, Advocate, S.R.No.168 +1cc to Mr.S.Mahimairaj, Advocate, S.R.No.71 +1cc to the Government Pleader, S.R.No.119 W.P.No.41950 of 2016 GJ II(CO) CA(10/01/2017)