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Madras High CourtWP/32713/2023closed

V.Saravanan v. The Member Secretary

2024-03-01Honourable Mr Justice S.S. Sundar,Honourable Mr.Justice G.Arul Murugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.03.2024 CORAM :

THE HON'BLE MR. JUSTICE S.S.SUNDAR AND THE HON'BLE MR.JUSTICE G.ARUL MURUGAN V.Saravanan ..

Petitioner v.

1. The Member Secretary Chennai Metropolitan Development Authority "Thalamuthu Natarajan Building"

No.1, Gandhi Irwin Road, Egmore Chennai 600 008

2. The Commissioner Chennai Corporation Rippon Building, Chennai 600 003

3. The Director Directorate of Town and Country Planning Chennai Corporation Koyambedu, Chennai 600 107

4. The Executive Engineer, Zone-II No.127, Padasalai Street Chennai Corporation Manali, Chennai 600 068

5. The Assistant Executive Engineer Unit-04, Division-015 Zonal Office, Chennai Corporation Manali Pudu Nagar, Chennai

6. The Assistant Engineer Zone-II, Division-015 Zonal Office, Chennai Corporation Manali Pudu Nagar, Chennai 600 103

7. Mr.Edwin Kamaraj ..

Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records connected with the planning permission No.PPA/WDCNO2/02741/2023 and Building permission No.BA/WDCNO2/02784/2023, dated 25.04.2023 on the file of the 4th respondent and quash the same and consequently direct the 5th and 6th respondents to take necessary legal action to prevent and remove the commercial construction at the residential plot situated at Door No.01/07, Manali New Town 150 feet Main Road, Chennai 600 103 in accordance with law within the time frame fixed by this Hon'ble Court. For Petitioner ::

Ms.R.Prabhavathy For Respondents ::

Mr.R.Thamaraiselvan Standing Counsel for R1 Mr.D.B.R.Prabhu Standing Counsel for R2 to R6 Mr.P.Raja for R7

ORDER

(Order of the Court was made by S.S.SUNDAR,J.) This writ petition is filed for removal of the unauthorized construction put up by the seventh respondent.

2. The learned Standing Counsel appearing for the respondent Corporation states that the seventh respondent has partly demolished the unauthorized construction on his own. A status report also is filed with photographs.

3. From the photographs, it is evident that substantial demolition had taken place and the skeleton of the building alone stands. Therefore, recording the fact that the building of the private respondent has now been substantially pulled down, this writ petition is closed. Consequently, W.M.P.No.32319 & 32320 of 2023 are also closed. No costs. Index : yes/no (S.S.S.R.,J.) (G.A.M.,J.) 01.03.2024 ss To

1. The Member Secretary Chennai Metropolitan Development Authority "Thalamuthu Natarajan Building"

No.1, Gandhi Irwin Road, Egmore Chennai 600 008

2. The Commissioner Chennai Corporation Rippon Building, Chennai 600 003

3. The Director Directorate of Town and Country Planning Chennai Corporation Koyambedu, Chennai 600 107

4. The Executive Engineer, Zone-II Chennai Corporation No.127, Padasalai Street Manali, Chennai 600 068

5. The Assistant Executive Engineer Unit-04, Division-015 Zonal Office, Chennai Corporation Manali Pudu Nagar, Chennai

6. The Assistant Engineer Zone-II, Division-015 Zonal Office, Chennai Corporation Manali Pudu Nagar, Chennai 600 103

S.S.SUNDAR,J.

AND G.ARUL MURUGAN,J.

ss 01.03.2024