P.Bakthavatsalam, v. The Member Secretary,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.03.2023

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI and THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN Writ Petition No.17904 of 2017 and W.M.P.Nos.19433 & 19434 of 2017 P.Bakthavatsalam .. Petitioner Vs.

1.The Member Secretary Chennai Metropolitan Development Authority (CMDA) Thalamuthu Natarajan building No.1, Gandhi Irwin Road Egmore Chennai-600 008.

2.The Commissioner Rippon Building Chennai-600 003.

3.The Regional Deputy Commissioner Regional Office - Central 2nd cross street (East) Pulla Avenue Shenoy Nagar Chennai - 600 030.

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4.The Zonal Officer Zone - VI, Corporation of Chennai Ayanavaram, Chennai-23.

5.The Assistant Engineer Division - VI, Ward No.70 Perambur, Chennai-600 011.

6.Venkateswaran 7.Balaji @ Deendayalan 8.Indirani Selvam 9.J.Surendra Rao 10.Balakrishnan 11.Sivanesan 12.Gunasekar 13.Saravanabhava 14.Sundaramoorthy 15.Raghuraman 16.Sriramulu .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents 1 to 5 to act forthwith on the petitioner's representations dated 05.01.2016 and 27.01.2016 and legal notice dated 22.01.2016 immediately to take necessary statutory action to remove and demolish the illegal/unauthorised constructions/encroachments/deviations thereon 2/6

put up by the respondents 6 to 16 in respect of their buildings bearing Door Nos.40/69-1, 33/10, 19/9B2, 21/9B1, 23/9D1, 25/9D2, 23/9D3, 272/9C, 31-1/9A, all are situated at Vedivelu Mudali street, Perambur, Chennai-600 011.

For Petitioner : Mr.S.L.Sudarsanam For R1 : Mr.C.N.Vinobha Standing Counsel For R2 to R5 : Mr.A.C.Manibharathi For R6 : Mr.M.Stalin For R7 : No appearance For R8 : Ms.S.Shujatha For RR10, 13 to15: Mr.J.Vijayshankar For R16 : Mr.R.Sreerangan

O R D E R

(Order of the Court was delivered by V.M.VELUMANI,J.) The present Writ Petition is filed for a direction to the respondents 1 to 5 to act forthwith on the petitioner's representations dated 05.01.2016 and 27.01.2016 and legal notice dated 22.01.2016 immediately to take necessary statutory action to remove and demolish 3/6

the illegal/unauthorised constructions/encroachments/deviations thereon put up by the respondents 6 to 16 in respect of their buildings. 2.Learned counsel appearing for the respondents 10, 13 to 15 submitted that the Corporation has initiated proceedings against the respondents 6 to 16 by issuing lock and seal notice. Challenging the said notice, they filed Special Revision under Section 80A of the Tamil Nadu Town and Country Planning Act, 1971. The Additional Secretary (Technical), Housing and Urban Development Department, Secretariat Chennai - 9 by letter dated 13.05.2022 set aside the notice issued by the Corporation of Chennai under Sections 56 & 57 of the Tamil Nadu Town and Country Planning Act, 1971 and directed the appellants therein, the respondents 10, 12 to 16 & petitioner herein to restore the building to its original position or to file an application for regularisation.

3. The learned counsel appearing for the respondents 10, 13 to 15 submitted that already they have filed an application for regularisation.

4. In view of the said submissions made by the learned counsel appearing for the respondents 10, 13 to 15 and order of the Government 4/6

setting aside the proceedings initiated for removal of unauthorised construction by the Corporation, no further order is necessary in the Writ Petition. Accordingly, this Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed. (V.M.V., J) (V.L.N., J) 03.03.2023 Index : Yes / No kj To 1.The Member Secretary Chennai Metropolitan Development Authority (CMDA) Thalamuthu Natarajan building No.1, Gandhi Irwin Road Egmore, Chennai-600 008.

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

3.The Regional Deputy Commissioner Regional Office - Central 2nd cross street (East) Pulla Avenue, Shenoy Nagar Chennai - 600 030.

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V.M.VELUMANI,J.

and V.LAKSHMINARAYANAN,J.

Kj 4.The Zonal Officer Zone - VI, Corporation of Chennai Ayanavaram, Chennai-23.

5.The Assistant Engineer Division - VI, Ward No.70 Perambur, Chennai-600 011.

Writ Petition No.17904 of 2017 and W.M.P.Nos.19433 & 19434 of 2017 03.03.2023 6/6