Mr.P.Baskaran v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN and W.M.P.No.39393 of 2024 P.Bakaran ... Petitioner Vs.

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

2.The Executive Engineer, Greater Chennai Corporation, Zone-IX, No.1, Lake Area 4th Cross Street, Nungambakkam, Chennai - 600 034.

3.The Assistant Executive Engineer, Greater Chennai Corporation, Unit - 25, Zone - 9, No.1, Lake Area 4th Cross Street, Nungambakkam, Chennai - 600 034.

4.The Assistant Engineer, Greater Chennai Corporation, Division - 123, Unit - 25, Zone - 9, No.29, C.P.Ramasamy Road, Abhiramapuram, Chennai - 600 018.

... Respondents Page No.: 1 of 5

PRAYER: Writ Petition Filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records connected with fourth respondent's impugned notice dated 16.09.2024, bearing No.ZONE-IX/DN.123/002/2024 and to quash the same as well as the proceedings pursuant thereto, and consequently direct the fourth respondent to provide an opportunity for the petitioner to present his case before taking any further action against the petitioner under sub-section (2-A) and (5) of Section 56 of the Town & Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972). For Petitioner : Mr.G.Kalidasan For Respondents : Mr.D.B.R.Prabhu, Standing Counsel ******

O R D E R

(Order of the Court was made by R.SUBRAMANIAN, J.) The petitioner sought for a Writ of Certiorarified Mandamus, to quash the lock and seal notice dated 16.09.2024 and to forbear the respondents from taking further action.

2. Upon notice, the Zonal Officer of the Corporation filed a status report indicating that there was a temporary structure in the first floor of the building. Page No.: 2 of 5

3. Upon being appraised of the fact, the learned counsel for the petitioner undertook to remove the temporary structure.

4. It is stated that the temporary structure has since been removed.

5. Recording the said fact, this Writ Petition is disposed of as no further orders are necessary. No costs. Consequently, the connected miscellaneous petition is closed.

(R.S.M.,J.) (C.K.,J.) 20.01.2025 dsa Index : No Internet : Yes : No Speaking order Page No.: 3 of 5

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

2.The Executive Engineer, Greater Chennai Corporation, Zone-IX, No.1, Lake Area 4th Cross Street, Nungambakkam, Chennai - 600 034.

3.The Assistant Executive Engineer, Greater Chennai Corporation, Unit - 25, Zone - 9, No.1, Lake Area 4th Cross Street, Nungambakkam, Chennai - 600 034.

4.The Assistant Engineer, Greater Chennai Corporation, Division - 123, Unit - 25, Zone - 9, No.29, C.P.Ramasamy Road, Abhiramapuram, Chennai - 600 018.

Page No.: 4 of 5

R.SUBRAMANIAN, J.

and C.KUMARAPPAN, J.

dsa 20.01.2025 Page No.: 5 of 5