K.Sivakumar v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.04.2025 CORAM :

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K.RAJASEKAR K.Sivakumar ..

Petitioner v.

1. The Commissioner Corporation of Tambaram Tambaram Chennai 600 045

2. A.Shyamala

3. A.Gnanmoorthy @ A.Moorthy ..

Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the 1st respondent to take appropriate action against the 2nd and 3rd respondents to stop the illegal construction over the common passage leading from Bajanai Koil Street and to the petitioner property.

SCHEDULE PROPERTY All that piece and parcel of common passage leading from Bajanai Koil Street situate at No.7/2, Bajanai Koil Street, Thiruneermalai Road, Kadaperi, Tambaram West, Chennai 600 045 comprised in Survey No.63 at

present Town Survey No.47/4, Block No.2, Ward No.B of Kadapery Village, Tambaram Taluk, Chengalpattu District, Tambaram Municipality Limits, measuring 4' 6'' feet x 77 feet an extent of 354 sq.ft and bounded on the North by : Property owned by Mrs.Prema;

South by : Bajanai Koil Street East by : Property owned by Mr.Chellan West by : Property owned by Mr.Gnanamoorthy and Mr.Asaithambi Admeasuring East to West on the Northern Side : 4' & 6'' feet; East to West on the Southern Side : 4' & 6'' feet; North to South on the Eastern Side : 77 feet; North to South on the Western Side : 77 feet in all admeasuring an extent of 354 sq.ft and lying within Registration District of Chennai South and Registration Sub District of Tambaram. For Petitioner ::

Mr.T.Sathiamurthy for Mr.K.Kumar For Respondents ::

Mr.P.Srinivas for R1 Mr.V.Manisekaran for R2 & R3

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM,J.) The learned counsel for Tambaram Corporation Mr.P.Srinivas would submit that the authorities have sought for production of building plan permission.

2. The photographs produced by the learned counsel appearing for the private respondents would reveal certain deviations/violations in the passage and first floor constructions. The Tambaram Corporation authorities are directed to conduct field inspection and ascertain the extent of violations/unauthorized constructions and initiate all enforcement actions by following the procedures as contemplated under the relevant statues and rules in force. The said exercise is directed to be completed within a period of twelve weeks from the date of receipt of a copy of this order. The writ petition stands disposed of. No costs.

Index : yes (S.M.S.,J.) (K.R.S.,J.) 24.04.2025 ss To

1. The Commissioner Corporation of Tambaram Tambaram Chennai 600 045

S.M.SUBRAMANIAM,J.

AND K.RAJASEKAR,J.

ss 24.04.2025