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Madras High CourtWP/28096/2017disposed of

Mr.P.Rajesh v. The Member Secretary

2023-02-22Honourable Ms.Justice V.M.Velumani,Honourable Mrs Justice R. Hemalatha6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.02.2023

CORAM

THE HONOURABLE MS.JUSTICE V.M.VELUMANI and THE HONOURABLE MRS.JUSTICE R.HEMALATHA and W.M.P.No.30185 of 2017 P.Rajesh ... Petitioner Vs.

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

2.The Commissioner, St.Thomas Mount Panchayat Union @ Chitlapakkam, Chennai - 600 064.

3.The President, Vengaivasal Panchayath, Vengaivasal, Chennai - 126.

4.M.G.Sundar Raj ... Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the Notice bearing No.Na.Ka.No.2484/2016/A4 dated 23.10.2017 passed by the second respondent and quash the same and consequently to direct the second respondent to mark the deviations if any found in constructions considering the entire approved Plan Approval No.161/04 dated 01.08.2004 for further action. For Petitioner : Mr.M.Jaikumar for Mr.K.J.Saravanan For R1 : Mr.C.N.Vinobha Standing Counsel CMDA For RR2 & 3 : Mr.P.Gurunathan Additional Government Pleader For R4 : Mr.T.Dharani

ORDER

(Order of the Court was made by V.M.VELUMANI,J.) This writ petition is filed seeking for a direction to quash the notice in Na.Ka.No.2484/2016/A4 dated 23.10.2017 passed by the second respondent and for a direction to direct the second respondent to mark the deviations, if any found in the construction based on the plan approval No.161/04 dated 01.08.2004.

2. Heard the learned counsel appearing for the petitioner as well as the learned Standing Counsel appearing for the 1st respondent and the learned Additional Government Pleader appearing for the respondents 2 and 3 and the learned counsel appearing for the 4th respondent and perused the entire materials available on record.

3. Learned counsel appearing for the petitioner submitted that in the earlier petition filed by the petitioner in W.P.No.4584/2017 against the very same respondents, for a direction to the respondents 1 to 3 to take action against any violation found in the construction as per plan approval No.161/2004 dated 01.08.2004 issued by the second respondent to the fourth respondent, this Court, by the order dated 23.02.2017, directed the second respondent to consider the case of the petitioner and do the needful in accordance with law within three months. Pursuant to the said direction, the second respondent issued demolition notice dated 23.10.2017 to the petitioner. In such circumstances, the petitioner has come out with the present writ petition.

4.Learned counsel appearing for the fourth respondent submitted that this Court, by the order dated 09.11.2016 in W.P.No.39190 of 2016 filed by the fourth respondent, directed the second respondent to inspect the site and remove the unauthorised construction, if any. As per the direction of this Court, the second respondent has issued notice under Sections 56 and 57 of the Tamil Nadu Town and Country Planning Act, 1971, dated 06.04.2017 to the petitioner. Since the petitioner has not submitted the approved plan, the second respondent issued the impugned notice dated 23.10.2017.

5. Considering the above submissions, without deciding the matter on merits, the second respondent is directed to inspect the property of the petitioner as well as the fourth respondent within a period of two weeks and on inspection, if there is any unauthorised construction found, take action against both the petitioner and the fourth respondent.

6.With the above directions, this Writ Petition is disposed of . No costs. Consequently, connected miscellaneous petition is closed. (V.M.V.,J.) (R.H.,J.) 22.02.2023 (1/2) Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order mtl To 1.The Member-Secretary, Chennai Metropolitan Development Authority, Thalamuthu-Natarajan Building, No.1, Gandhi-Irwin Road, Egmore, Chennai - 600 008.

2.The Commissioner, St.Thomas Mount Panchayat Union @ Chitlapakkam, Chennai - 600 064.

3.The President, Vengaivasal Panchayath, Vengaivasal, Chennai - 126.

V.M.VELUMANI, J.

and R. HEMALATHA, J.

mtl 22.02.2023