← Library
Madras High CourtWP/29383/2023disposed of

Tmt.K.Faridha Banu v. Executive Engineer, Zone-Viii

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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.10.2023

CORAM

THE HON'BLE MRS. JUSTICE J.NISHA BANU AND THE HON'BLE MRS. JUSTICE N.MALA 1.K.Farida Banu 2.Mohamed Omer Huwalid ... Petitioners Vs.

1. Executive Engineer Zone - VIII Greater Chennai Corporation No.36B, Pulla Avenue Shenoy Nagar, Chennai - 600 030.

2.Assistant Executive Engineer Zone - VIII, Unit - 23 Greater Chennai Corporation No.36B, Pulla Avenue Shenoy Nagar, Chennai - 600 030.

3.Assistant Engineer Division 101, Unit-23, Zone - VIII Greater Chennai Corporation No.36B, Pulla Avenue Shenoy Nagar, Chennai - 600 030.

... Respondents Page 1/5

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents to forthwith remove the lock and seal affixed on 27.09.2022 in the petitioners property situated at New No.592, Old No.670, Poonamallee High Road, Aminjikarai, Chennai - 600 029, so as to enable the petitioner to carry out rectification works of the building in consonance with the sanctioned Planning permission on par with the present Tamil Nadu Combined Development and Building Rules, 2019, on the basis of the petitioner's representation dated 24.08.2023. For Petitioners : Mr.M.G.Ramachandran For Respondents : Mr.D.B.R.Prabhu Senior Counsel for RR1 to 3

ORDER

(Order of the Court was made by J.NISHA BANU, J.,) This Writ Petition has been filed for issuance of Writ of Mandamus, to direct the respondents to forthwith remove the lock and seal affixed on 27.09.2022 in the petitioners property situated at New No.592/2 Old No.670/2, Poonamallee High Road, Aminjikarai, Chennai - 600 029, so as to enable the petitioners to carry out rectification works on the building, in Page 2/5

consonance with the sanctioned Planning Permission on par with the Tamil Nadu Combined Development and Building Rules, 2019, on the basis of the petitioners representation dated 24.08.2023.

2.Heard the learned counsel for the petitioners and the learned Standing counsel appearing for the respondents / Corporation of Chennai. 3.Since the prayer itself is self-explanatory and given the limited nature of relief sought for in this Writ Petition, this Court directs the respondents to remove the lock and seal in respect of petitioners premises situated at New No.592/2 Old No.670/2, Poonamallee High Road, Aminjikarai, Chennai - 600 029, so as to enable the petitioners to carry out rectification works on the building, in consonance with the sanctioned Plan. 4.In the event of petitioners failing to rectify the building on par with the sanctioned Plan, within a period of three months from the date of receipt of a copy of this order, respondents are directed to proceed further to lock and seal the premises, in accordance with law.

Page 3/5

5.The Writ Petition is disposed of with the above direction. No costs. (J.N.B, J.) (N.M, J.) Jer 10.10.2023 Note:Issue order copy on 08.12.2023 Index : Yes / No Internet : Yes / No Speaking order/Non-speaking order To

1. The Executive Engineer Zone - VIII Greater Chennai Corporation No.36B, Pulla Avenue Shenoy Nagar, Chennai - 600 030.

2.The Assistant Executive Engineer Zone - VIII, Unit - 23 Greater Chennai Corporation No.36B, Pulla Avenue Shenoy Nagar, Chennai - 600 030.

3.The Assistant Engineer Division 101, Unit-23, Zone - VIII Greater Chennai Corporation No.36B, Pulla Avenue Shenoy Nagar, Chennai - 600 030.

Page 4/5

J. NISHA BANU, J.

and N.MALA,J.

Jer 10.10.2023 Page 5/5