B.Murugan v. The Additional Secretary (Technical)

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN and W.M.P.No.39013 of 2024 B.Murugan

...Petitioner

Vs.

1.The Additional Secretary (Technical), Housing and Urban Development Department, Secretariat, Chennai - 600 009.

2.The Member Secretary, Chennai Metropolitan Development Authority, Chennai - 600 008.

3.The Commissioner, Chennai - 600 003.

4.The Executive Engineer, Zone - X, Greater Chennai Corporation, No.117, NSK Salai, Kodambakkam, Chennai - 600 024.

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5.The Assistant Executive Engineer, Unit 29, Division - 127, Chennai.

6.R.S.Madhavan

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the respondents 1 to 5 herein from locking and/ or sealing the premises at Door No.2/4, Jai Nagar 6th Street, Jai Nagar, Arumbakkam, Chennai - 106 during the pendency of the application for regularization under Section 113-C. For Petitioner : Mrs.A.L.Gandhimathi, Senior Counsel For Mr.L.Palannimuthu For 1st Respondent : Mr.S.John J.Raja Singh, Additional Government Pleader For 2nd Respondent: Mr.C.Manoharan, CMDA For Respondents 3 to 5 : Mr.Arun Babu for Corporation ***** 2/6

J U D G M E N T

(Judgment of the Court was delivered by R.SUBRAMANIAN, J.) The petitioner seeks a writ of Mandamus forbearing the respondents from locking and sealing the premises during the pendency of the application under Section 113-C of the Tamil Nadu Town and Country Planning Act [for brevity 'the Act'].

2. The very application under Section 113-C of the Act was filed to regularize illegal construction which was made without obtaining sanctioned plan. If we are to give protection to the petitioner till such time the application under Section 113-C of the Act is disposed of, we are only encouraging the person, who is indulged in illegality. The jurisdiction under Article 226 of the Constitution of India is not meant for encouraging such illegalities. We find such cases are on rise in the recent past. We are to blame ourselves for having invited such situation by showing undue indulgence to the violators.

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3. Hence, this Writ Petition is dismissed. No costs. Consequently, the connected miscellaneous petition is closed.

(R.S.M., J.) (C.K., J.) 03.12.2024 dsa Index : No : No Speaking order 4/6

To 1.The Additional Secretary (Technical), Housing and Urban Development Department, Secretariat, Chennai - 600 009.

2.The Member Secretary, Chennai Metropolitan Development Authority, Chennai - 600 008.

3.The Commissioner, Chennai - 600 003.

4.The Executive Engineer, Zone - X, Greater Chennai Corporation, No.117, NSK Salai, Kodambakkam, Chennai - 600 024.

5.The Assistant Executive Engineer, Unit 29, Division - 127, Chennai.

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R.SUBRAMANIAN, J.

and C.KUMARAPPAN, J.

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