Usha Sharma v. The Commissioner

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and W.M.P.No.29380 of 2022 Usha Sharma

...Petitioner

Vs.

1.The Commissioner, Corporation of Chennai, Rippon Building, Chennai - 600 003.

2.The Assistant Executive Engineer, Unit-40, Kotturpuram, Chennai - 600 085.

3.The Secretary to Government, Housing and Urban Development Department, Secretariat, Fort St.George, Chennai - 09.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of Writ of Mandamus, forbearing the 2nd respondent from taking any coercive action to evict / demolish the flat in the third Floor, 1/5

Akshaya Apartment, No.16/4, Karunanidhi 3rd Street, Kotturpuram, Chennai - 600 085, till the disposal of the statutory appeal filed under Section 80-A of the Town and Country Planning Act.

For Petitioner : Mr.J.Balagopal For Respondents : Mr.D.B.R.Prabhu for R1 & R2 Mr.Vadivelu Deenadayalan Additional Government Pleader for R3

O R D E R

(Order of the Court was made by R.SUBRAMANIAN, J.) The prayer in the Writ Petition reads as follows:- forbearing the 2nd respondent from taking any coercive action to evict / demolish the flat in the third Floor, Akshaya Apartment, No.16/4, Karunanidhi 3rd Street, Kotturpuram, Chennai - 600 085, till the disposal of the statutory appeal filed under Section 80-A of the Town and Country Planning Act. 2.Admittedly, statutory appeal filed under Section 80-A of the Town and Country Planning Act is pending before the Government. In such circumstances, we do not see any reason to direct de-sealing of the building, which is admittedly in violation of the planning permission granted. 3.Hence, this Writ Petition is dismissed. No costs. Consequently, 2/5

connected miscellaneous petition is closed.

(R.S.M.,J.) (K.B.,J.) 30.11.2022 kkn Internet:Yes/No Index:Yes/No Speaking/Non-speaking order To:- 3/5

1.The Commissioner, Corporation of Chennai, Rippon Building, Chennai - 600 003.

2.The Assistant Executive Engineer, Unit-40, Kotturpuram, Chennai - 600 085.

3.The Secretary to Government, Housing and Urban Development Department, Secretariat, Fort St.George, Chennai - 09.

4/5

R.SUBRAMANIAN, J.

and K.KUMARESH BABU, J.

KKN and W.M.P.No.29380 of 2022 30.11.2022 5/5