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Madras High CourtWP/29896/2024disposed of

Shobhaiyer v. The Commissioner

2024-10-18Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice P.B. Balaji5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.10.2024

CORAM:

THE HON'BLE MR.JUSTICE D. KRISHNAKUMAR AND THE HON'BLE MR.JUSTICE P.B. BALAJI Mrs.Shobhalyer ... Petitioner versus 1.The Commissioner, Corporation of Chennai, Ribbon Buildings, Chennai-600 003.

2. The Assistant Executive Engineer, Division-2, Zone-9, Corporation of Chennai.

3.The Assistant Engineer, Division-2, Zone-9, Corporation of Chennai.

4.Mr.Thirunaryanan ... Respondents 1/5

PRAYER: Writ Petitions filed under Article 226 of the Constitution of India, for the issuance of a Writ of Mandamus, directing the respondents 1 to 3 forbearing them from allowing the fourth respondent to put up construction over the 2nd floor of the property at Old No.71, New No.99, Ranga Road, Chennai-600 018 by taking appropriate action on the online complaints dated 02.08.2024 and 21.09.2021 given by the petitioner on various dates within a stipulated time.

For Petitioner : Mr.C.Umashankar For Respondents 1 to 3 : Mrs.P.T.Ramadevi Standing Counsel for Corporation

ORDER

(Made by D. KRISHNAKUMAR, J.) Writ petition is filed for a direction to the respondents 1 to 3 forbearing them from allowing the fourth respondent to put up construction over the 2nd floor of the property at Old No.71, New No.99, Ranga Road, Chennai-600 018 by taking appropriate action on the online complaints dated 02.08.2024 and 21.09.2021 given by the petitioner on various dates within a stipulated time.

2. Learned Standing Counsel for the Corporation submits that 2/5

Corporation has issued a notice in Notice No.Zone -IX/DN.123/008/2024 dated 17.10.2024 under 56(1) of the Tamil Nadu Town and Country Planning Act, 1971 to the building owner/fourth respondent to demolish the unauthorized construction in the building in question within a period of 30 days from the date of receipt of that notice.

3. In the light of the above, the writ petition stands disposed of. This Court directs the respondent Corporation to take further action as against the fourth respondent, in accordance with law. There shall be no order as to costs. Consequently, WMP No.32604 of 2024 is closed. (D.K.K., J.) (P.B.B., J.) 18.10.2024 Index : Yes/No mrn To 1.The Commissioner, Corporation of Chennai, 3/5

Ribbon Buildings, Chennai-600 003.

2. The Assistant Executive Engineer, Division-2, Zone-9, Corporation of Chennai.

3.The Assistant Engineer, Division-2, Zone-9, Corporation of Chennai.

4/5

D. KRISHNAKUMAR, J.

and P.B. BALAJI, J.

(mrn) 18.10.2024 5/5