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Madras High CourtWP/27910/2017disposed of

C.Vijay v. The Member Secretary

2019-03-04Honourable The Chief Justice,Honourable Mr Justice M.Duraiswamy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.03.2019 CORAM :

THE HON'BLE MRS.V.K.TAHILRAMANI, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE M.DURAISWAMY W.P. No.27910 of 2017 and W.M.P.Nos.29936 & 29937 of 2017 C.Vijay .. Petitioner Vs.

1.The Member Secretary, Chennai Metropolitan Development, Thalamuthu Nadarajan Building, Egmore, Chennai - 600 008.

2.The Commissioner, Ripon Buildings, Chennai - 600 003.

3.The Chairman & Secretary, Mount Road, Chennai - 600 002.

4.The Chairman & Managing Director, TANGEDCO, No.144, Anna Salai, Chennai - 600 002.

5.The Assistant Engineer (Construction), Zone-V, Division - 54, Wall Tax Road, 6.The Assistant Engineer (Construction), Zone-V, Division - 55, Seven Wells Street,

7.The Assistant Engineer (Construction), Ebrahim Sahib Road, Broadway, 8.The Assistant Engineer (Construction), Anna Pillai Street, Sowcarpet, 9.The Assistant Engineer (Depot), Amman Koil Street, 1st Lane, 10.The Assistant Engineer (Depot), Zone - V, Division - 55, Seven Wells Street, 11.The Assistant Engineer (Depot), Geils Street, Mannady, 12.The Assistant Engineer (Depot), Govindappa Naicken Street, 13.The Assistant Engineer, Water Basin Works Street, Sowcarpet, 14.The Assistant Engineer, Zone - V, Division - 55, Seven Wells,

15.The Assistant Engineer, Thambu Chetty Street, 16.The Assistant Engineer, Seven Wells, 17.Pushpakar 18.Mohamed Ebrahim 19.Mahesh 20.Ashok Irani (Deepak Traders) 21.Vinoth 22.P.Mohamed Saleem 23.Kanthilalo 24.Srinivasalu 25.Vinoth Jee 26.M.N.Jakriya 27.Janarthanan 28.Riyaz 29.Ramesh .. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of mandamus directing the respondents 1 to 4 to take appropriate action against the respondents 5 to 8 in respect of permitting the illegal construction to take place in violation of this Court's order dated 07.08.2014 and sanctioned plan and giving illegal water and sewerage connection for illegal building sanctioned by the respondents 9 to 12 and giving illegal electricity connection for illegal buildings by the respondents 13 to 16 and to monitor the said implementation by this Court.

For Petitioner : Mr.D.I.Nathan For Respondents: Mr.KarthiRajan (R1) Mr.K.Soundararajan (R2, R5 to R8) Mr.N.Ramesh (R3, R9 to R12) Mr.P.R.Dilip Kumar (R4, R13 to R16) R17, R20, R21, R23 to R25 - no appearance R18, R19, R22, R26 to R29 - not ready in notice

O R D E R

(Order of the Court made by M.DURAISWAMY,J.) The petitioner has filed the above Writ Petition as a Public Interest Litigation to issue a Writ of mandamus directing the

respondents 1 to 4 to take appropriate action against the respondents 5 to 8 in respect of permitting illegal construction to take place in violation of this Court's order dated 07.08.2014 and sanctioned plan and giving illegal water and sewerage connection for illegal building sanctioned by the respondents 9 to 12 and giving illegal electricity connection for illegal buildings by the respondents 13 to 16 and to monitor the said implementation by this Court.

2.It is the case of the petitioner that the respondents 17 to 29 have put up illegal construction and therefore, necessary action should be taken against them.

3.The 2nd respondent - Corporation filed a report dated 01.03.2019 wherein they have given a table showing the action taken on the status of the building pointed out by the petitioner.

4.On a perusal of the same, it could be seen that the authorities have taken action by calling for approved plan, issuing stop work notice, locking and sealing notice, deoccupation notice and the respondents have filed appeals before the Appellate Authority.

5.Since the official respondents have already initiated action against the private respondents viz., the respondents 17 to 29 and that the respondents have filed appeals before the Appellate Authority, we are of the view that no further direction need be issued to the official respondents, except giving a direction to the Appellate Authority to dispose of the appeals filed by the respondents 17 to 29 within a time frame. Accordingly, we direct the Appellate Authority to dispose of the appeals preferred by the respondents 17 to 29 within a period of twelve (12) weeks from the date of receipt of a copy of this order. If no appeal is filed by any of the respondents 17 to 29, it is open to the authorities to take appropriate action in accordance with law.

6.With these observations, the Writ Petition is disposed of. No costs. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

va To 1.The Member Secretary, Chennai Metropolitan Development, Thalamuthu Nadarajan Building, Egmore, Chennai - 600 008.

2.The Commissioner, Ripon Buildings, Chennai - 600 003.

3.The Chairman & Secretary, Mount Road, Chennai - 600 002.

4.The Chairman & Managing Director, TANGEDCO, No.144, Anna Salai, Chennai - 600 002.

5.The Assistant Engineer (Construction), Zone-V, Division - 54, Wall Tax Road, Chennai - 600 079.

6.The Assistant Engineer (Construction), Zone-V, Division - 55, Seven Wells Street, Chennai - 600 001.

7.The Assistant Engineer (Construction), Ebrahim Sahib Road, Broadway, 8.The Assistant Engineer (Construction), Anna Pillai Street, Sowcarpet, 9.The Assistant Engineer (Depot), Amman Koil Street, 1st Lane,

10.The Assistant Engineer (Depot), Zone - V, Division - 55, Seven Wells Street, Chennai - 600 001.

11.The Assistant Engineer (Depot), Geils Street, Mannady, Chennai - 600 001.

12.The Assistant Engineer (Depot), Govindappa Naicken Street, 13.The Assistant Engineer, Water Basin Works Street, Sowcarpet, Chennai - 600 001.

14.The Assistant Engineer, Zone - V, Division - 55, Seven Wells, Chennai - 600 001.

15.The Assistant Engineer, Thambu Chetty Street, 16.The Assistant Engineer, Seven Wells, Chennai - 600 001.

+1cc to Mr.P.R.Dilip Kumar, Advocate sr.20309 +1cc to Mr.N.Ramesh, Advocate sr.20375 +1cc to Mr.D.I.Nathan, Advocate sr.20111 +1cc to Mr.Karthik Rajan, Advocate sr.20191 +1cc to Mr.K.Soundarajan, Advocate sr.20419 +4cc to Mr.D.I.Nathan, Advocate sr.no.20056 +1cc to Mr.P.Ramanathan, Advocate sr.no.19730 W.P. No.27910 of 2017 and W.M.P.Nos.29936 & 29937 of 2017 nr 21/03/2019