Dr.S.Aravind, v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.04.2016

CORAM

THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE M.VENUGOPAL W.P. No.6437 of 2016 and W.M.P.Nos.5719 and 5720 of 2016 Dr.S.Aravind ..

Petitioner Vs.

1.The State of Tamil Nadu rep. by its Secretary, Housing and Urban Development Department, Fort St. George, Chennai - 9.

2.The Member Secretary, Chennai Metropolitan Development Authority, Egmore, Chennai - 8.

..

Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of certiorarified Mandamus to call for the records relating to the first respondent in G.O.(3D) No.36 Housing and Urban Development (UDV) Department dated 01.02.2016 to quash the same and to consequently direct the respondents to regularise the construction at Plot No.B28 and C14, Kambar Salai, Mugappair West in Survey No.547 Part and 550 part of Mugappair Village, Ambattur Taluk, Chennai - 37.

For Petitioner .. Mr.L.Chandrakumar For Respondents .. Mr.P.S.Sivashanmugha Sundaram, Spl. Govt. Pleader for R1 Mr.N.Sampath, Standing Counsel for R2

ORDER

(Order of the Court was made by SATISH K.AGNIHOTRI, J.) Mr.P.S.Sivashanmugha Sundaram, learned Special Government Pleader accepts notice on behalf of the first respondent and Mr.N.Sampath, learned standing counsel accepts notice on behalf of the second respondent. With the consent of learned counsel appearing for the parties, the writ petition is taken up for final disposal.

2.Questioning the legality of the order dated 01 February 2016 passed by the first respondent, whereunder the regularisation appeal preferred by the petitioner was rejected, the petitioner has come up with the instant writ petition. 3.The brief facts are that the petitioner is the owner of the property in question and after obtaining planning permission, he put up a construction. While so, the second respondent issued a notice dated 07 January 2013 calling upon the petitioner to stop work and submit the approved plan. Without considering the representation made by the petitioner dated 10 January 2013, the second respondent issued a locking and sealing notice under Sections 56 and 57 read with 85 of the Tamil Nadu Town and Country Planning Act, 1971, dated 28 February 2013.

The petitioner made a requisition for regularisation with consequential approval of the alleged deviation, but the same was rejected by proceedings dated 29 April 2013. Aggrieved against the same, the petitioner preferred an appeal before the first respondent, which was directed to be disposed of by this Court by order dated 06 August 2013 made in W.P.No.18743 of 2013. Pursuant to the same, the impugned order came to be passed.

4.Pursuant to the direction given by this Court, the second respondent/Chennai Metropolitan Development Authority, inspected the premises in question and filed an inspection report dated 02 March 2016. In the inspection report, it is stated that the third floor has not been removed fully. By order dated 09 March 2016, this Court directed the second respondent to de-seal the access to the third floor so as to enable the petitioner to remove the unauthorised portion and submit a report. Pursuant to the same, the second respondent filed the compliance report dated 21 March 2016, whereunder, it is stated that the petitioner has removed the roof of the third floor and the demolition work in respect of the remaining unauthorised portions is in progress.

5.Mr.L.Chandrakumar, learned counsel appearing for the petitioner submits that substantial portion has been removed and only beam is left for removal. Thus, he seeks few days time to complete the removal.

6.Having regard to the facts situation, we grant one week time from today to remove the third floor completely. On the 8th day, the officials of the second respondent shall cause inspection and if it is found that still some unauthorised portion remains, the second respondent is directed to remove the same.

7.With the aforestated observation and direction, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar To 1.The Secretary to Government, Housing and Urban Development Department, Fort St. George, Chennai - 9.

2.The Member Secretary, Chennai Metropolitan Development Authority, Egmore, Chennai - 8.

+1 cc to Mr.L.Chandra Kumar Advocate sr.22286 W.P.No.6437 of 2016 aa07/04/2016