T.G.Ramesh Babu v. The Chennai Metropolitan Development Authority
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.02.2025 CORAM :
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K.RAJASEKAR T.G.Ramesh Babu ..
Petitioner v.
1. The Chennai Metropolitan Development Authority Thalamuthu Natarajan Building No.1, Gandhi Irwin Road Chennai 600 008
2. The Commissioner Greater Chennai Corporation Ripon Building, E.V.R.Road Park Town, Chennai
3. The Executive Engineer Ward No.117, Corporation of Chennai No.45, South Boag Road T.Nagar, Chennai 600 017
4. T.G.Suresh Babu ..
Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to
consider petitioner's representation and dispose of the petitioner's representation dated 20.05.2024.
For Petitioner ::
Mr.R.Lawrence Jeevakumar for Mr.P.Jayachandran For Respondents ::
Mr.Y.Bhuvaneshkumar Standing Counsel for R1 Mr.D.B.R.Prabhu Standing Counsel for R2 & R3 Mr.K.Bommuraj for R4
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM,J.) The writ of mandamus has been instituted to direct the respondents 1 to 3 to consider the representation submitted by the petitioner.
2. Pursuant to the interim order passed by this Court, the Greater Chennai Corporation conducted an inspection in the subject property. Reinspection was also conducted by the Executive Engineer along with the Assistant Executive Engineer and Assistant Engineer of Greater Chennai Corporation. The authorities found that the fourth respondent had constructed the building in deviation of the approved plan, as follows:-
Sl.No.
Setback As per plan (In Metre) As per site condition (In Metre) Deviation (In Metre) Ground Floor Front set back 4.57 2.3 2.27 Side set back (Left) 3.50 3.35 0.15 Side set back (Right) 1.5 1.4 0.1 Rear set back - - - First Floor Front set back 4.57 2.3 2.27 Side set back (Left) 3.50 3.35 0.15 Side set back (Right) 1.5 1.4 0.1 Rear set back - - - Moreover, the 4th respondent has constructed in the 2nd floor unauthorisedly as follows:
Permanent structure RCC roof (4.65x13.50) = 62.78 sq.m (4.65x13.50) = 62.78 sq.m Temporary structure sheet roof only (19.25x13.50) = 259.8 sq.m (19.25x13.50) = 259.8 sq.m USAGE OF BUILDING Floor As per plan As per site Ground Floor Commercial Commercial First Floor Residential Commercial
3. With reference to the unauthorised constructions, the learned standing counsel for the respondents 2 & 3 would submit that further actions will be initiated under the provisions of the Tamil Nadu Town and
Country Planning Act.
4. In view of the status report filed by the third respondent, the respondents 2 & 3 are directed to institute all further proceedings by following due process and demolish the unauthorised portion of the building, as expeditiously as possible, but not later than twelve weeks from the date of receipt of a copy of this order. The writ petition stands disposed of. No costs.
Index : yes/no (S.M.S.,J.) (K.R.S.,J.) 07.02.2025 ss To
1. The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajan Building No.1, Gandhi Irwin Road Chennai 600 008
2. The Commissioner Greater Chennai Corporation Ripon Building, E.V.R.Road Park Town, Chennai 600 003
3. The Executive Engineer Ward No.117, Greater Chennai Corporation No.45, South Boag Road T.Nagar, Chennai 600 017
S.M.SUBRAMANIAM,J.
AND K.RAJASEKAR,J.
ss 07.02.2025