P.K.John v. The Member Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.06.2024 CORAM :
THE HON'BLE MR. JUSTICE S.S.SUNDAR AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR P.K.John ..
Petitioner in all the W.Ps v.
1. The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajan Maaligai No.1, Gandhi Irwin Road Egmore, Chennai
2. The Commissioner Rippon Building E.V.R.Road, Periamedu Chennai 600 003
3. The Executive Engineer Zone-X, Greater Chennai Corporation
4. The Assistant Executive Engineer Unit-28, Zone X
5. The Assistant Engineer Division-137, Unit-28, Zone-X
6. Mr.P.Thomas
7. Mr.Immanuvel Jackzon David Roger
8. The Secretary to Government Housing and Urban Development Department Government of Tamil Nadu Fort St.George, Secretariat Chennai 600 009
9. M.Paulpandian (R8 & R9 impleaded vide order dated 26.03.2024 in WMP.7122/24 in WP.33543/2023 & in WMP.7121/24 in WP.33550/23, respectively) .. Respondents in WP.33543/2023 & 33550 of 2023
1. The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajan Maaligai No.1, Gandhi Irwin Road Egmore, Chennai
2. The Commissioner
Rippon Building E.V.R.Road, Periamedu Chennai 600 003
3. The Executive Engineer Zone-X, Greater Chennai Corporation
4. The Assistant Executive Engineer Unit-28, Zone X
5. The Assistant Engineer Division-137, Unit-28, Zone-X
6. Mr.S.P.Samuel Gnanasudar
7. Mr.Immanuvel Jackzon David Roger
8. The Secretary to Government Housing and Urban Development Department Government of Tamil Nadu Fort St.George, Secretariat Chennai 600 009 (R8 impleaded vide order dated 26.03.2024 in WMP.7102/24 in WP.33546/2023) .. Respondents in WP.33546/2023
W.P.No.33543 of 2023 is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents 2 to 4 to take action as against the unauthorised/deviated construction of the building of the 6th respondent at Plot No.AP-1223, 12th Sector, 77th Street, K.K.Nagar, Chennai-78 based on petitioner representation dated 22.08.2023 within a time frame. W.P.No.33546 of 2023 is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents 2 to 4 to take action as against the unauthorised/deviated construction of the building of the 6th respondent at Plot No.21, YHWH'S GRACE, Suresh Nagar, 2nd Street, Valasaravakkam, Chennai-87 based on petitioner representation dated 22.08.2023 within a time frame. W.P.No.
33550 of 2023 is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents 2 to 4 to take action as against the unauthorised/deviated construction of the building of the 6th respondent at Plot No.20, Pugazhendhi Street, MGR Nagar, K.K.Nagar, Chennai-78 based on petitioner representation dated 22.08.2023 within a time frame.
Mr.S.Santhan For Respondents ::
Mr.R.Thamaraiselvan Standing Counsel for R1 Mr.D.B.R.Prabhu Standing Counsel for R2 to R5 Mr.P.Muthukrishnan for R6 Mr.K.Karthikeyan for R7 Mr.G.Nanmaran Special Government Pleader for R8 COMMON ORDER (Order of the Court was made by S.S.SUNDAR,J.)
All these three writ petitions have been filed by the same petitioner in respect of different buildings, with a common prayer to direct the respondents 2 to 4 to take action against the unauthorized construction, which is in deviation of the building rules, based on the petitioner's representation dated 22.08.2023.
2. The learned counsel appearing for the contesting private respondent(s) states that as against the action taken by the official respondents for removal of the unauthorized construction, the private respondent(s) have filed statutory revisions under Section 80-A of the Tamil Nadu Town and Country Planning Act. It is further stated that aggrieved by the order passed by the Government in one of the revision petitions, a writ petition has been preferred and the other revision petitions are still pending before the Government.
3. The official respondents have already taken action for the unauthorized/deviated construction of the buildings put up by the respective
private respondents. Since the revision petitions filed under Section 80-A of the Act are pending and final order passed by the Government under Section 80-A in one of the revisions is now under challenge before this Court in an independent writ petition filed by the private respondent in one of the writ petitions, who is the owner of the building, this Court finds that no further order is necessary in these writ petitions. Therefore, giving liberty to the petitioner to implead himself as a party in the writ petition where the order under Section 80-A is challenged or in the revision petitions that are pending before the Government, these writ petitions are disposed of. No order as to costs.
Index : yes/no (S.S.S.R.,J.) (N.S.,J.) 05.06.2024 ss To
1. The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajan Maaligai No.1, Gandhi Irwin Road Egmore, Chennai 600 008
2. The Commissioner
Rippon Building E.V.R.Road, Periamedu Chennai 600 003
3. The Executive Engineer Zone-X, Greater Chennai Corporation
4. The Assistant Executive Engineer Unit-28, Zone X
5. The Assistant Engineer Division-137, Unit-28, Zone-X
6. The Secretary to Government Housing and Urban Development Department Government of Tamil Nadu Fort St.George, Secretariat Chennai 600 009
S.S.SUNDAR,J.
AND N.SENTHILKUMAR,J.
ss 05.06.2024