M.Ramu v. The Principal Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.01.2023 CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY M.Ramu ..
Petitioner v.
1. The Principal Secretary Housing and Urban Development Department Secretariat, Chennai 600 009
2. The Member Secretary Chennai Metropolitan Development Authority Egmore, Chennai 600 008
3. The Commissioner Corporation of Chennai Chennai 600 003
4. The Executive Engineer (Enforcement) Zone-VIII, Corporation of Chennai No.36B/12B, Pulla Avenue Shenoy Nagar, Chennai 600 030
5. Mr.Mohammed Zaki ..
Respondents Petition under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the Respondents, particularly the Respondents 3 and 4 to take necessary action against the 5th Respondent for violating and deviating the construction of the building situated at Door No.351(85), Gujji Main Road, Anna Nagar East, Chennai 600 102 without following the rules and regulations as formulated by the Respondents 1 to 4 on the basis of the petitioner's representations dated 27.05.2022, 18.07.2022.
For Petitioner ::
Mr.R.Thanjan for Mr.D.Gokulakrishnan For Respondents ::
Mr.P.Muthukumar State Government Pleader for R1 Mr.C.N.Vinobha for R2 Mr.D.B.R.Prabhu for R3 & R4
ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice) This writ petition has been filed seeking for issuance of a mandamus directing the respondents, more particularly, the respondents 3 and 4, to take
appropriate action against the 5th respondent for violating and deviating the construction of the building situated at Door No.351(85), Gujji Main Road, Anna Nagar East, Chennai, without following the rules and regulations as formulated by the respondents 1 to 4, on the basis of the petitioner's representations dated 27.05.2022 & 18.07.2022.
2. Heard the learned counsel appearing for the parties.
3. Placing on record the affidavit filed by the Executive Engineer-VIII, Greater Chennai Corporation, the fourth respondent herein dated 10th January, 2023 that the locking & sealing notice dated 08.12.2022 issued under Sections 56 & 57 read with Section 85 of the Tamil Nadu Town and Country Planning Act, 1971 was received and acknowledged by one Mrs.Praveena, the tenant of the fifth respondent on 09.12.2022 and further the fifth respondent has also given a letter dated 04.01.2023 stating that his tenant received and acknowledged the notice mentioned above and the said fact was also communicated to him, the writ petition stands closed, as no
further adjudication is necessary in the matter. There shall be no order as to costs.
Speaking/Non speaking order (T.R.,A.C.J.) (D.B.C.,J.) Index : yes/no 11.01.2023 ss To
1. The Principal Secretary to Government Housing and Urban Development Department Secretariat, Chennai 600 009
2. The Member Secretary Chennai Metropolitan Development Authority Egmore, Chennai 600 008
3. The Commissioner Corporation of Chennai Chennai 600 003
4. The Executive Engineer (Enforcement) Zone-VIII, Corporation of Chennai No.36B/12B, Pulla Avenue Shenoy Nagar, Chennai 600 030
THE HON'BLE ACTING CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.
ss 11.01.2023