Sucharita Gunasekaran, v. State Of Tamilnadu Rep. By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.08.2019

CORAM

THE HON'BLE MRS.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.28230 of 2017 Sucharita Gunasekaran .. Petitioner Vs 1 The State of Tamil Nadu rep. by its Secretary to Government Housing and Urban Development Department Secretariat Chennai - 600 009.

2 Corporation of Chennai Rippon Buildings Chennai-600 003 rep. by its Commissioner 3 Chief Metropolitan Development Authority rep. by its Member Secretary Thalamuthu Natarajan Buildings Egmore, Chennai - 600 008.

4 Greater Chennai Corporation Zonal Office-VIII, 2nd Cross Street (East) Pulla Avenue, Shenoy Nagar Chennai - 600 030 rep. by its Executive Engineer 5 V.Jaganathan 6 V.Yamuna 7 V.Murali .. Respondents PRAYER:

Petition under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the 4th respondent to demolish the unauthorised constructions put up by

respondents 5 to 7 in violation of the planning permission accorded to it by respondents 2 and 3 and in violation of the Stop Work-cum-Lock and Seal notice issued by the 4th respondent dated 10.7.2017.

For Petitioner : Mr.K.Rajasekaran For Respondents : Mr.S.N.Parthasarathi Government Advocate for 1st respondent Mr.Arunmozhi for respondents 2 and 4 Mr.P.S.Ganesh for 3rd respondent Mr.E.Ezhil for 5th respondent Mr.J.Franklin for 6th respondent Ms.C.Sangamithirai for 7th respondent

ORDER

(Order of the Court was made by the Hob'ble Chief Justice) Heard Mr.K.Rajasekaran, learned counsel for the petitioner; Mr.S.N.Parthasarathi, learned Government Advocate for the first respondent; Mr.Arunmozhi, learned counsel for respondents 2 and 4; Mr.P.S.Ganesh, learned counsel for the third respondent; Mr.E.Ezhil, learned counsel for the fifth respondent; Mr.J.Franklin, learned counsel for the sixth respondent and Ms.C.Sangamithirai, learned counsel for the seventh respondent.

2. According to the petitioner, respondents 5 to 7 have put up construction in violation of the planning permission accorded to them by respondents 2 and 3. Hence, the petitioners are seeking directions to the fourth respondent to demolish the said unauthorized construction put up by respondents 5 to 7.

3. The learned counsel for respondents 2 and 4, i.e., the Chennai Corporation, submitted that a notice calling for approved plan was issued to respondents 5 to 7 on 10.6.2017 and thereupon, respondents 5 to 7 submitted the approved plan. Thereafter, the properties were inspected on 7.7.2017 and it was found that there were set-back violations. Therefore, Locking and Sealing notices were issued on 10.7.2017. Thereafter, as

respondents 5 to 7 did not comply with the notices and had not carried out any rectifications, De-occupation notices were issued to respondents 5 to 7 on 5.3.2018. He further submitted that respondents 5 to 7 have filed appeals under Section 80A of the Tamil Nadu Town and Country Planning Act, 1971 challenging the De-occupation notices issued by the Corporation.

4. Thus, it is seen that the Corporation has been taking steps in relation to the unauthorized constructions. In view of the above, no further directions are necessary, except to direct the Appellate Authority, i.e., the first respondent, to dispose of the appeal as expeditiously as possible. No costs. Consequently, W.M.P.No.30351 of 2017 is closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar sasi To:

1 The Secretary to Government State of Tamil Nadu Housing and Urban Development Department Secretariat, Chennai - 600 009.

2 The Commissioner Corporation of Chennai Rippon Buildings, Chennai-600 003 3 The Member Secretary Chief Metropolitan Development Authority Thalamuthu Natarajan Buildings, Egmore, Chennai - 600 008. 4 The Executive Engineer Greater Chennai Corporation Zonal Office-VIII, 2nd Cross Street (East) Pulla Avenue, Shenoy Nagar, Chennai - 600 030 +1cc to M/S.J.Franklin, Advocate, S.R.No.75783 +1cc to M/s.Ezhil caroline, Advocate, S.R.No.75033 +1cc to Ms.C.Sangamithirai, Advocate, S.R.No.74387 +1cc to the Government Pleader, S.R.No.75521 W.P.No.28230 of 2017 CNR(CO) CS/01/10/2019