S.Ashok Kumar v. The Commissioner

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN S.Ashok Kumar

...Petitioner

Vs.

1.The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai - 600 003.

2.The Executive Engineer, Zone - 10, Greater Chennai Corporation, No.64, Arcot Road, Kodambakkam, Chennai - 600 024.

3.The Assistant Engineer, Zone - 10, Division - 134, Greater Chennai Corporation, No.58, Thambiah Road, West Mambalam, Chennai - 600 033.

4.M/s.Sambhoo Projects Limited, Represented by its Director Mr.G.Mohan Ranga Having Office at Hema's at Tashavan I-12, Anna Nagar, Chennai - 600 102.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd and 3rd respondents to demolish the unauthorised shop, measuring 275 sq.ft. (Approx.) constructed in the front portion of the Apartment namely Sri Mahalakshmi Apartment, situated in New Door No.51, Old No.21, Thambiah Road, West Mambalam, Chennai - 600 033.

For Petitioner : Mr.V.V.Sathya For Respondents 1 & 2 : Mr.Arunbabu, Standing Counsel ******

J U D G M E N T

(Judgment of the Court was delivered by R.SUBRAMANIAN, J.) The complaint of the petitioner is that the 4th respondent has converted a portion of the car parking into a shop and also made certain other deviations in the construction of the building at Old Door No.21, New Door No.51, Thambiah Road, West Mambalam, Chennai - 600 033.

2. The Executive Engineer, Zone X of the Greater Chennai Corporation has filed an affidavit stating that the violations claimed by the petitioner are correct. He would also submit that a de-occupation notice has been issued on 26.11.2024. We also find that there is a statement regarding completion of further action as provided under the Tamil Nadu Town and Country Planning Act, 1971.

3. In view of the same, the Writ Petition is disposed of with a direction to the respondent Corporation to proceed in accordance with law to remove the unauthorized construction put up and bring the building in conformity with the sanctioned plan. No costs. (R.S.M., J.) (C.K., J.) 18.12.2024 dsa Index : No : No Speaking order

To 1.The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai - 600 003.

2.The Executive Engineer, Zone - 10, Greater Chennai Corporation, No.64, Arcot Road, Kodambakkam, Chennai - 600 024.

3.The Assistant Engineer, Zone - 10, Division - 134, Greater Chennai Corporation, No.58, Thambiah Road, West Mambalam, Chennai - 600 033.

R.SUBRAMANIAN, J.

and C.KUMARAPPAN, J.

dsa 18.12.2024