N. Naren Krishnaa (Minor) v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.12.2022

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI and THE HONOURABLE MRS.JUSTICE R.HEMALATHA and W.M.P.No.32205 of 2022 N.Naren Krishnaa (Minor), .. Petitioner Rep. by Natural Guardian & Mother, N.Sathyavani Vs.

1.The Commissioner, Avadi Municipal Corporation, Corporation office, N.M.Road, Avadi - 600 054.

2.The Municipal Commissioner, Thiruverkadu Municipality, Sivan Kovil Rd., Thambusamy Nagar, Thiruverkadu, Chennai - 600 077.

3.G.Narayanan 4.G.Rani 5.Sakthi Murugan 6.K.MuthuRaj .. Respondents 1/5

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the 1st and 2nd respondent to demolish the unauthorized construction put up by the 5th and 6th respondent in the property situated at Plot No.41(Part), 42, 43, Kuppusamy Nagar, Ayanambakkam, Chennai - 600 095, comprised in Survey No.468/2(Part) & 471/1A(Part).

For Petitioner : Mr.V.Balakrishnan For RR 1 & 2 : Mr.A.Selvendran Special Government Pleader

O R D E R

(Order of the Court was delivered by V.M.VELUMANI,J.) The petitioner has come out with the present Writ Petition for a direction to the respondents 1 & 2 to demolish the unauthorized construction put up by the respondents 5 & 6 in the property situated at Plot No.41(Part), 42, 43, Kuppusamy Nagar, Ayanambakkam, Chennai - 600 095, comprised in Survey No.468/2(Part) & 471/1A(Part). 2.Mr.A.Selvendran, learned Special Government Pleader takes notice for the respondents 1 & 2.

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3.By consent of both the learned counsel appearing for the petitioner as well as the learned Special Government Pleader appearing for the respondents 1 & 2, this Writ Petition is taken up for final disposal at the admission stage itself.

4.Heard the learned counsel appearing for the petitioner as well as the learned Special Government Pleader appearing for the respondents 1 & 2 and perused the entire materials on record. 5.The learned counsel appearing for the petitioner submitted that the respondents 5 & 6 are constructing Industrial Shed in the residential area without obtaining any planning permission in an unapproved lay-out. 6.Considering the above submissions, the respondents 1 & 2 are directed to inspect the site at Plot No.41(Part), 42, 43, Kuppusamy Nagar, Ayanambakkam, Chennai - 600 095, comprised in Survey No.468/2(Part) & 471/1A(Part) within a period of three weeks from the date of receipt of a copy of this order. If any unauthorized construction is found to be put up in the above site, respondents 1 & 2 are directed to take action in accordance with law after issuing notice to the petitioner and respondents 3/5

3 to 6.

7.With the above directions, the Writ Petition is disposed of. Consequently, the connected Miscellaneous Petition is closed. No costs. (V.M.V., J) (R.H., J) 08.12.2022 krk Index : Yes / No Internet : Yes / No To 1.The Commissioner, Avadi Municipal Corporation, Corporation office, N.M.Road, Avadi - 600 054.

2.The Municipal Commissioner, Thiruverkadu Municipality, Sivan Kovil Rd., Thambusamy Nagar, Thiruverkadu, Chennai - 600 077.

V.M.VELUMANI, J.

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and R.HEMALATHA, J.

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