P.Ganesan v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.02.2024 CORAM :
THE HON'BLE MR. JUSTICE S.S.SUNDAR AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR P.Ganesan ..
Petitioner v.
1. The Commissioner Greater Chennai Corporation Rippon Building,Chennai 600 003
2. The Chennai Metropolitan Development Authority rep.by its Member Secretary No.8, Gandhi Irwin Road, Chennai 600 008
3. The Executive Engineer Division-37, Zone XII Greater Chennai Corporation Alandur, Chennai 600 016
4. The Assistant Engineer Zone-XII, Depot-166 Chennai Metropolitan Water Supply and Sewerage Board No.1, New Steet, Alandur Chennai 600 016
5. Mr.Jamal ..
Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the 3rd and 4th respondents to remove the unauthorized construction put up by the 5th respondent in the entire premises of the Ground Floor, 1st Floor at No.6/15, 18th Street, B.V.Nagar, Nanganallur, Chennai 600 114. For Petitioner ::
Mr.T.Ramachandran For Respondents ::
Mr.D.B.R.Prabhu Standing Counsel for R1 & R3 Mr.Y.Bhuvaneshkumar Standing Counsel for R2 No appearance for R4 & R5
ORDER
(Order of the Court was made by S.S.SUNDAR,J.) This writ petition is filed for issuance of a writ of mandamus, directing the official respondents to remove the unauthorized construction put up by the fifth respondent in the entire premises of the Ground Floor, 1st Floor at No.6/15, 18th Street, B.V.Nagar, Nanganallur, Chennai.
2. The petitioner has made a specific allegation against the fifth respondent that he had put up unauthorized construction in such a way extending his building by two feet on the road side. After submitting the
representation on 26.03.2020 followed by subsequent reminder to the official respondents, the petitioner has preferred the above writ petition for removal of the unauthorized construction put up by the fifth respondent.
3. There is no representation for the fifth respondent, despite service of notice on the fifth respondent.
4. The learned Standing Counsel appearing for the respondent Corporation has now filed a status report indicating that the petitioner as well as the fifth respondent have put up constructions in deviation of the approved plans. He also submitted that de-occupation notices dated 22.11.2023 have already been issued to the petitioner as well as the fifth respondent for such deviations.
5. Having regard to the above fact, this Court is inclined to dispose of this writ petition by directing the respondent Corporation to proceed further in pursuance of the de-occupation notices dated 22.11.2023 and take necessary enforcement action against the petitioner as well the fifth
respondent in respect of their unauthorized constructions as per law. There shall be no order as to costs.
Index : yes/no (S.S.S.R.,J.) (N.S.,J.) 29.02.2024 ss To
1. The Commissioner Greater Chennai Corporation Rippon Building,Chennai 600 003
2. The Member Secretary Chennai Metropolitan Development Authority No.1, Gandhi Irwin Road Egmore, Chennai 600 008
3. The Executive Engineer Division-37, Zone XII Greater Chennai Corporation Alandur, Chennai 600 016
4. The Assistant Engineer Zone-XII, Depot-166 Chennai Metropolitan Water Supply and Sewerage Board No.1, New Steet, Alandur, Chennai 600 016 S.S.SUNDAR,J.
AND
N.SENTHILKUMAR,J.
ss 29.02.2024