T.Suresh Kumar v. Greater Chennai Corporation
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.02.2024 CORAM :
THE HON'BLE MR. JUSTICE S.S.SUNDAR AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR T.Suresh Kumar ..
Petitioner v.
1. Greater Chennai Corporation rep by its Commissioner Rippon Building Chennai
2. The Assistant Engineer Zone VI, Division 17, Ward 74 Greater Chennai Corporation Kilpauk, Chennai 600 010
3. Chennai Metropolitan Development Authority (C.M.D.A) rep by the Member Secretary No.1, Gandhi Irwin Road Egmore, Chennai 600 008
4. The Inspector of Police G-5, Secretariat Colony Police Station 26/61, Barakha Road, Nammalwarpet A K Swamy Nagar, Purasaiwakkam, Chennai
5. Inayath Nisha W/o B.Haji Mohideen
6. The Secretary to Government Housing and Urban Development Department Fort St.George, Chennai 600 009 (R6 suo motu impleaded vide order of Court dt. 27.02.2024) ..
Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the 1st and 2nd respondents to demolish the unapproved part of building at No.70, Secretariat Colony 8th Street, Kilpauk, Chennai-10 constructed by the 5th respondent.
For Petitioner ::
Mr.R.Rajesh Kumar For Respondents ::
Mr.D.B.R.Prabhu Standing Counsel for R1 & R2 Mr.Thamaraiselvan Standing Counsel for R3 Mr.S.Sugendran Additional Public Prosecutor for R4 Mr.P.G.Thiyagu for R5 Mrs.V.Yamuna Devi Special Government Pleader for R6
ORDER
(Order of the Court was made by S.S.SUNDAR,J.) Having regard to the nature of order that is proposed to be passed in this writ petition, the Secretary to Government, Housing and Urban
Development Department, Fort St.George, Chennai 600 009 is suo motu impleaded as the 6th respondent in this writ petition.
2. The petitioner has come forward with this writ petition seeking a direction to the official respondents to demolish the unapproved part of building at No.70, Secretariat Colony 8th Street, Kilpauk, Chennai. The construction, according to the petitioner, was put up by the fifth respondent in deviation of the approved plan.
3. The learned counsel appearing for the petitioner states that when there was an earlier order to demolish the building, though the same was challenged by the fifth respondent before the Government under Section 80A of the Tamil Nadu Town and Country Planning Act, the subsequent order is unnecessary, which has been passed for implementation of the previous order passed by the official respondents under Sections 56 & 57 of the Tamil Nadu Town and Country Planning Act.
4. The only defence that is raised by the fifth respondent is that the
fifth respondent has preferred a revision petition as against the order locking and sealing the premises.
5. Since the fifth respondent should be given an opportunity to pursue her statutory remedy, this Court is inclined to pass the following order:- (a) The sixth respondent is directed to consider and dispose of the revision petition filed by the fifth respondent under Section 80-A of the Town and Country Planning Act on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order, after hearing the objections, if any, from the petitioner.
(b) In case the revision petition preferred by the fifth respondent is dismissed and a further direction is issued, the official respondents are directed to take further course of action in terms of the order that may be passed by the sixth respondent, within a period of ten weeks therefrom.
With the above directions, the writ petition stands disposed of. No order as to costs.
Index : yes/no (S.S.S.R.,J.) (N.S.,J.) 27.02.2024 ss
To
1. The Commissioner Greater Chennai Corporation Rippon Building Chennai 600 003
2. The Assistant Engineer Zone VI, Division 17, Ward 74 Greater Chennai Corporation Kilpauk, Chennai 600 010
3. The Member Secretary Chennai Metropolitan Development Authority No.1, Gandhi Irwin Road Egmore, Chennai 600 008
4. The Inspector of Police G-5, Secretariat Colony Police Station 26/61, Barakha Road, Nammalwarpet A K Swamy Nagar, Purasaiwakkam, Chennai
5. The Secretary to Government Housing and Urban Development Department Fort St.George Chennai 600 009
S.S.SUNDAR,J.
AND N.SENTHILKUMAR,J.
ss 27.02.2024